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Agenda Packet 1999-08-24 CITY COUNCIL 'fI/iVy of AGENDA ~ 8J~e Michael A. Lady Mayor Robert L Hunt City Manager Tony M. Ferrar~ Mayor Pro Tern Timothy J. Carmel City Attorney Thomas A. Runels Council Member Kelly Wetmore Director, Administrative Se\'Vices Steve Tolley Council Member Jim Dickens Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, AUGUST 24,1999 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. I ~ 2. ROLL CALL 3. FLAG SALUTE: BOY SCOUTS OF AMERICA TROOP 489 4. INVOCATION: PASTOR MICHAEL DENNIS LANDMARK MISSIONARY BAPTIST CHURCH 5. SPECIAL PRESENT A TIONS: a. Government Finance Officers Association Budget Award for Fiscal Year 1998-99 6. AGENDA REVIEW: 6A. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. ~ ~--. -.....----- AGENDA SUMMARY. AUGUST 24, 1999 PAGE 2 7. PUBLIC HEARING: a. Berry Gardens Specific Plan Amendment 99-001. CUP 99-005. Planned Signed Program 99-001 (BUFORD) (Action Required: Planning Commission recommends adoption of a Resolution denying the Spectfic Plan Amendment) b. Approval of Recycling Service Agreement and Establishing Revised Rates to Include Curbside Recycling Collection Services (HUNT) (Action Required: Approve Staff Recommenda~ions) 8. CITIZENS'INPUT, COMMENTS, AND SUGGESTIONS: Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council will listen to all communication but, incompliance .with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: . You may be directed to staff for assistance; . A Council Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; . The Council may direct staff to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or . No action is required or taken. 9. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted in parentheses. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. a. Cash Disbursement Ratification (SNODGRASS) (Action Required: Approval) b. Cash Flow Analysis/Approval of Interfund Advance from the Sewer .Euru1 (SNODGRASS) (Action Required: Approval) - AGENDA SUMMARY - AUGUST 24, 1999 PAGE 3 9. CONSENT AGENDA (continued) c. Minutes of City Council Meeting of August 10. 1999 (WETMORE) (Action Required: Approval) d. Modification to Policy/Procedure for Conducting Council Business (HUNT) (Action Required: Approval) e. Appointments to Senior Advisory Commission and Architectural Review Committee (HUNT) (Action Required: Approve Staff Recommendations) f. Award of Bid - Parks Division Vehicle (HERNANDEZ) (Action Required: Approval) g. Authorization to Close City Streets and Use City Property for the 62nd Annual Arroyo Grande Valley Harvest Festival (BUFORD) (Action Required: Adopt Resolution) h. Amendment NO.1 to Cooperation Agreement between the City and the County of San Luis Obispo for Joint Participation in the CDBG. HOME and ESG Programs (BUFORD) (Action Required: Approve Amendment) i. Request for Shortened State Clearinghouse Review Period - Village Glen Annexation Draft EIR (BUFORD) (Action Required: Approve Staff Recommendation) j. Support of AB 1448 and ACA 16 - The Fair Competition and Taxpayer Savings Act (SPAGNOLO) (Action Required: Adopt Resolution) k. Scenic Creekside Walk Through the Historic Village of Arroyo Grande - Phase IA. Revised Fund Transfer Agreement (SPAGNOLO) (Action Required: Approve Staff Recommendations) I. Grand Avenue. Elm Street to Halcyon Road. Proiect No. 60-70-90-98-6. Progress Payment No.1. (SPAGNOLO) (Action Required: Approval) m. Spring 1998-99 Slurry Seal PrQject. Project No. 90-00-3. Progress Payment NO.1 (SPAGNOLO) (Action Required: Approve Staff Recommendations) --- ~- AGENDA SUMMARY. AUGUST 24, 1999 PAGE 4 9. CONSENT AGENDA (continued) n. Santa Maria Groundwater Basin Water Rights Litigation-Agreement for Special Legal Services Joint Defense Agreement (CARMEL) (Action Required: Approve Agreement) 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: a. Status of Ongoing Proiect Study Reports (PSRs) (SPAGNOLO) (Action Required: Receive and File Report) 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR MICHAEL A. LADY: (1) South San Luis Obispo. County Sanitation District (SSLOCSD) (2) Other (b) MAYOR PRO TEM TONY M. FERRARA (1) Integrated Waste Management Authority (IWMA) (2) Economic Vitality Corporation (EVC) (3) Air Pollution Control District (APCD) (4) Economic Development Task Force (5) Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other - -~--_._~ - --_.-.._-~._--~~--- - AGENDA SUMMARY - AUGUST 24, 1999 PAGE 5 12. CITY COUNCIL REPORTS (continued) (d) COUNCIL MEMBER STEVE TOLLEY: (1) Long-Range Planning Committee (2) South County Youth Coalition (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A) (4) Other (e) COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT) (2) Economic Development Committee/Chamber of Commerce (3) Other 13. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 14. STAFF COMMUNICATIONS: Correspondencellnformation for the City Council presented by the City Manager. . The City Engineer has accepted the final map for Tract 1834 Phase 4C. This phase of the project by Castlerock Development, known as the Highlands, is bounded by Los Ciervos Street and includes 12 residential units. The map will be approved or disapproved by the City Engineer within ten days following the date of this agenda. 15. ADJOURNMENT .~--'"-~-- AGENDA SUMMARY - AUGUST 24, 1999 PAGE 6 * * * * * * * Copies of the staff reports or other written materials relating to each item of business referred to on this agenda are on file with the Director of Administrative Services and are available for public inspection and reproduction at cost. If you have questions regarding any agenda item, please contact the Director of Administrative Services at (805) 473-5414. * * * * * * * In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services at the number listed above at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * * * * * * * Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805) 473-5414 for more information. www.arroyogrande.org -~---_._~--_._-- ----------- -- r _.._~ CITY OF ARROYO GRANDE - ABBREVIATIONS revised r:J5/279d A Agricultural Preserve AB Assembly Bill JPA Joint Powers Authority ADA Americans with Disabilities Act LAFCO Local Agency Formation Commission AG General Agriculture LOCC League of California Cities AGMC Arroyo Grande Municipal Code LLA Lot Line Adjustment AGPOA Arroyo Grande Police Officers' Association LUE Land Use Element APN Assessor's Parcel Number MER Lot Merger APCB Air Pollution Control Board MF CondominlurnlTownhouse APCD Air Pollution Control District MFA Apartments ARC Architectural Review Committee MHP Mobile Home Parks ASCE American Society Civil Engineers 0 Office Professional ASD Administrative Services Department OCSD Oceano Community Services District AWNA American Water Works Association OSCE Open Space and Conservation Element BD Building Division PC Planning Commission CA City Attorney PD Police Department CC City Council PF Public/Quasi Public GCG California Conservation Corps PPR Plot Plan Review CCCSIF Central Coast Cities Self-Insurance Fund PRD Parks & Recreation Department CD Community Development PRE-APP Pre-applicatlon CDBG Community Development Block Grant PSHHG Peoples' Self-Help Housing Corp. CE Circulation Element PSP Planned Sign Program CEC California Energy Commission PUD Planned Unit Development CEQA California Environmental Quality Act PIN Public Works Department CIP Capital Improvement Program RE Residential Estate CIWMP California Integrated Waste Management Plan RFP Request for Proposals CM City Manager's Office RFQ Request for Quali1icatiO'ns CMC California Men's Colony RH Hillside Residential CMP Congestion Management Plan RHNP Regional Housing Needs Plan COC Certificate of Compliance RR Rural Residential CPI Consumer Price Index RS Suburban Residential CUP Conditional Use Permit RTA Reversion to AcreaQe DARE Drug Abuse Resistance Education RWQCB Regional Water Quality Control Board DC Development Code SAC Staff Advisory Committee CEA Drug Enforcement Administration SB Senate Bill E.G. Election Code SCAT South County Arta Transit EDU Equivalent Dwelling Unit SEIU Service Employees International Union EIR Environmental Impact Report SF Single Family EIS Environmental Impact Statement SLO San Luis Obispo EVC Economic Vitality Corporation SLOCOG San Luis Obispo Council of Governments FAU Federal Aid Urban SLOHA San Luis Obispo Housing Authority FD Fire Division SLONTF San Luis Obispo Narcotics Task Force FDAA Federal Disaster Assistance Administration SLORTA San Luis Obispo Regional Transit Authority FEMA Federal Emergency Management Agency SLOWRAC I?an Luis Obispo County Water Resources Advisory FID Financial Services Department Committee FPPC Fair Political Practices Commission SR Senior Housing FTA Federal Transit Administration SSLOCOWA South San Luis Obispo County Water Association FY Fiscal Year SSLOCSD South San Luis Obispo County Sanitation District G.C. Government Code SRRE Source Reduction & Recycling Element GG General Commercial SWRCD State Water Resources Control Board GF General Fund TPM Tentative Parcel Map GP General Plan TT Tentative Tract Map GPA General Plan Amendment TTAC Transportation Technical Advisory Committee HCD California Department of Housing and Community TUP Temporary Use Permit Development UBC Uniform Building Code HOP Home Occupancy Permit UFC Uniform Fire Code HUD Housing and Urban Development Dept. USA Undef"!)round Service Alert I Industrial and Business Park VAR Variance ISTEA Intermodal Surface Transportation VC Village Commercial VSR View Shed Review ZONE 3 San Luis Obispo County Flood Control and Water Conservation District - Zone 3 (Lopez Project) ~---.- ~--~---,---_.._-- ---- ,---. _._._-- . ------- ---._- ,. CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING AND ENVIRONMENTAL DETERMINATION NOTICE IS HEREBY GIVEN that a Public Hearing "'{ill be held by the City Council of the City of Arroyo Grande on the following project: CASE NO. Berry Gardens Specific Plan Amendment 99-001 Conditional Use Permit 99-005 Planned Sign Program 99-001 APPLICANT: AutoZone LOCATION: 1595 Grand Avenue ENVIRONMENTAL DETERMINA nON: Mitigated Negative Declaration per CEGA Guidelines REPRESENTATIVE: Kim Hatch, Pults and Associates PROJECT DESCRIPTION: The City Council will consider an application for a Specific Plan Amendment and Conditional Use Permit to construct a 7,650 square foot concrete masonry building for a retail auto parts store. The site is located on the south side of Grand Avenue near Oak Park Blvd. In compliance with the California Environmental Quality Act, the Community Development Department recommends a Negative Declaration on the above project. - Any person affected or concerned by this application may submit written comments to the Administrative Services Department before the City Council hearing, or appear and be heard in support of or opposition to the project and the environmental impacts at the time of hearing. Any person interested in the proposals can contact the Administrative Services Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 A.M. to 5:00 P.M.). IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Tuesday, August 24, 1999 at 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 O/J..- e, Administrative Services Director! Deputy City Clerk - -- --~--."--'---'--.'--'---~--'--'-- MEMORANDUM TO: CITY C FROM: TY DEVELOPMENT DIRECTOR SUBJECT: BERRY GARDENS SPECIFIC PLAN AMENDMENT 99-001 , CONDITIONAL USE PERMIT 99-005, AND PLANNED SIGN PROGRAM 99-001; 1539 GRAND AVENUE DATE: AUGUST 24, 1999 RECOMMENDATION: The Planning Commission recommends that the City Council deny Specific Plan Amendment 99-001, Conditional Use Permit 99-005, and Planned Sign Program 99- 001. FUNDING:. No fiscal impact. DISCUSSION: The Berry Gardens Specific Plan is divided into four (4) subareas to coincide with the four (4) properties held in separate ownership. The Specific Plan includes specific development standards for Subarea 1; however, Subareas 2, 3, and 4 were subject to the following statement: This separate section of the Berry Gardens Specific Plan is reserved for subsequent provisions and maps applicable to [the Subarea], subject to applications by the property owner and approval by the City of Arroyo Grande as a Specific Plan Amendment. Therefore, under the General Plan and Development Code, an amendment to the Berry Gardens Specific Plan delineating specific uses and development standards is required before any development can be approved for Subarea 4. Development Code Section 9-01.1 00 provides that the City Council has the authority to review and approve Specific Plans and Amendments to Specific Plans. Section.9- 01.110.G.5 provides that the Planning Commission shall have the authority to make recommendations to the City Council on such matters. In April 1999, AutoZone submitted an application for a Conditional Use Permit with a Planned Sign Program to construct a 7,650 square foot concrete masonry building for an auto parts retail store on a 3-acre site zoned General Commercial (GC). The ~- Berry Gardens Specific Plan Amendment/AutoZone 8/24/99 City Council Staff Report Page 2 proposed project is located south of Grand Avenue, east of Oak Park Boulevard, and falls within Subarea 4 of the approved Berry Gardens Specific Plan (reference Attachment A for location map). Approximately one-half of the property, or 1.5 acres, is proposed for development. The applicant later submitted an application for a Specific Plan Amendment as required for any development of the site. Staff Advisory Committee & Architectural Review Committee The project was initially submitted as a pre-application, which the Staff Advisory Committee (SAC) and Architectural Review Committee (ARC) reviewed on March 9, 1 999 and March 22, 1999, respectively. Items of discussion included building location, frontage irnprovements, access, parking configuration, landscaping, and specific architectural design features (reference Attachment 5 within Attachment B for SAC and ARC meeting notes). After modifying the project as suggested by the SAC and ARC, the applicant submitted the Conditional Use Permit, Planned Sign Program and Specific Plan Amendment applications to the City. Revisions to the original submittal included relocation of the AutoZone structure to the corner of Grand Avenue and Courtland Street, substitution of palm trees with more appropriate tree species, resizing the detention basin, and softening the architectural features. Both the SAC and ARC recornmended that the Planning Commission approve the revised project subject to conditions, which were incorporated into the draft resolution for approval. Planning Cornmission On July 6, 1999 the Planning Commission considered Specific Plan Amendment. 99- 001, Conditional Use Permit 99-005, and Planned Sign Program 99-001, and recommended that the City Council deny the applications. The rninutes of the Planning Commission meeting reflect the concern that the proposed project would occupy a highly visible site, and that the City Council should consider Specific Plan provisions that would encourage larger sites rather than smaller sites. The Planning Comrnission expressed its concerns that the site would be developed on a piecemeal basis, and that this would not promote the highest and most economically efficient use of the property. Cornmissioners also questioned the suitability of an auto parts retail store located at one of the main entrances to the City. Based on these concerns, and the discussion of the project as proposed, the Planning Commission recommended denial of the request for a Specific Plan Amendment. Because approval of the Specific Plan Amendment was a pre-requisite to approval of the other requests, the Planning Corn mission recommended denial of the Conditional Use Permit and Planned Sign Program as well. Following the Planning Commission hearing, the applicant submitted proposed revisions to the Specific Plan Amendment application. Because of the extensive nature of the changes (refer to Attachment F), language added since the Planning Corn mission hearing is shown as , and deletions as strikethrough. The applicant has also submitted revised conceptual development plans for the entire Subarea 4. While the plans as originally submitted, and considered by the Planning Commission, established a development plan only for that portion of Subarea 4 adjacent to Grand Avenue, the revised plans establish standards, and conceptual ---~----_."._-~-_."._.--..._-- ----...-- Berry Gardens Specific Plan Amendment/AutoZone 8/24/99 City Council Staff Report Page 3 buildout, for the entire Subarea, and for integration of uses in Subarea 4 with Subarea 3. The proposed revised Specific Plan Amendment standards demonstrate the manner in which access, storm drainage, and required off-street parking could be coordinated between Subareas 3 and 4. To provide an open space "buffer" between the commercial and residential areas, the applicant has proposed relocating the detention basin to the southern end of Subarea 4. Subarea 3 would have a secondary access from Courtland Street by means of a shared parking area and driveway. Components of the Conceptual Development Plan are reflected in the text of the proposed Specific Plan Amendment (Attachment F). The proposed Specific Plan Amendment, as revised by the applicant (Attachment F), provides greater detail regarding the uses that would be allowed in Subarea 4. Due to site size limitations, proximity to the Berry Gardens residential neighborhood (Specific Plan Subarea 1), and the secondary access to Courtland Street (a residential collector), the following uses have been eliminated: 1. Adult businesses 2. Department stores 3. Feed and tack stores 4. Janitorial Services and Supplies 5. Fast food restaurants with Drive- Thru Window 6. Cocktail lounge 7. Automotive washing (mechanical) 8. Homeless shelters The revisions proposed by the applicant respond to some concerns raised by the Planning Commis.sion. Absent further review by the Planning Commission, however, staff is unable to deterrnine whether the revisions would be sufficient to fully satisfy those concerns. Alternatives The following alternatives are provided for Counc'il consideration: 1. Uphold the Planning Commission's recommendation to deny Specific Plan Amendment 99-001, Conditional Use Permit 99-005, and Planned Sign Program 99- 001 and adopt the attached resolution. 2. Direct staff to return with a resolution approving Specific Plan Amendrnent 99-001 as proposed or with modifications, and return Conditional Use Permit 99-005 and Planned Sign Program 99-001 to the Planning Commission for reconsideration. 3. Direct staff to return with a resolution approving Specific Plan Amendment 99-001, and direct staff to schedule consideration of Conditional Use Permit 99-005, and Planned Sign program 99-001, for a future City Council meeting. ---------..- -~.~.__...,---_.- Berry Gardens Specific Plan Amendment/AutoZone 8/24/99 City Council Staff Report Page 4 4. Provide other direction to staff. Attachments: Resolution to Deny Berry Gardens Specific Plan Amendment 99-001 Attachment A: Location Map Attachrnent B: 7/6/99 Planning Commission Staff Report Attachment C: 7/6/99 Planning Commission Meeting Minutes Attachrnent D: Letter to the City Council from the Applicant's Representative Dated 8/10/99 Attachment E: Conceptual Development Plan Attachment F: Proposed Berry Gardens Specific Plan Amendment 99-001 ~ Attachment G: Berry Gardens Specific Plan dated Septernber 8, 1998 ---_.~_.._..__...._---_._-- ~~~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING SPECIFIC PLAN AMENDMENT 99-001, CONDITIONAL USE PERMIT 99-005, AND PLANNED SIGN PROGRAM 99-001, APPLIED FOR BY AUTOZONE, INC.., LOCATED AT 1539 GRAND AVENUE WHEREAS, the City Council of the City of Arroyo Grande has considered Specific Plan Amendment 99-001 applied for by AutoZone, Inc., to establish development standards and provisions for Subarea 4 of the Berry Gardens Specific Plan, as. well as Conditional Use Permit 99-005 and Planned Sign Program 99-001 related thereto; and WHEREAS, the City Council has held a duly noticed public hearing on August 24, 1999 in accordance with City Code; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, the staff report and other information and documents that are part of the public record; and - WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: . 1. The proposed Specific Plan Amendment is not consistent with the goals and objectives of the General Plan because the proposed uses are not suitable to the site location and do not provide a variety of shopping needs for area residents, and development pursuant to the proposed Specific Plan Amendrnent would not . promote effective or efficient use of the property. 2. The proposed Specific Plan Amendment is not necessary or desirable in order to implement the provisions of the General Plan and would result in an illogical land use pattern because the property would be developed in a piecemeal fashion. 3. The proposed use and development standards ~ contained in the Specific Plan Amendment would not result in a superior development to that which would occur using standard zoning and development regulations. 4. The proposed Specific Plan Amendment will negatively impact the residential area established in Berry Gardens Specific Plan, Subarea 1, because the proposed uses are rnore Gompetitive than complementary. ----- -.- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies, without prejudice, Specific Plan Amendment 99-001 based on the above findings incorporated herein by this reference. BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande hereby denies Conditional Use Permit Case No. 99-005 and Planned Sign Program Case No. 99-001 because the proposed projects do not comply with City developrnent policies, standards and regulations. On motion by Council Member , seconded by Council Mernber , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 24th day of August 1999. - -..- MICHAEL LADY, MAYOR ATTESt: . KELL Y WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY APPROVED AS TO CONTENT: . ~ku l. ftLLL;- . ROBERT L. HUNT, CITY MANAGER -- ,...... ... MAP cA "nON \..AN \.0 C\f\C P BERR'V G~RDENS SPE --I ~ I~'" , , 0 K 1'I"1"I i~ pf \" \ \ J..D H..-- oc<A'! v~ -' 1 \ \ ill.. ... ~/ '" >-1 U. ~ .', j ~ v_~ . ~ ~ I@ ll-i-l ~ 'U-v.>::-i -11\:r:Ej I! I- UR"~~~I::~ ~ OPft"j G\ rrm..riJ-U-t.r-J i-- ~~~~r:r"~€ GC ,,'-'< 'i ~~ - ~- i~ ~[ffioM ,~~ --fJ\: ~J III_:;.~:~ Ol ~ \ r1G ; 1111/ I T7 r-r -.;;;t' 1 -:. ,,~ "r ~ \~ fll ~ ~O ~\~1~.. .~~~ - .~! .g · [1..... i.L\. :....! _ ~ <<S '" -HI -' r -r :.oj ~ii- - -,~ 1\1] ~~ ~ P\ ~ - 'r\" . i a~~ y- \, ...~ dens .. -- I · Berrl Gar n tD; 1 - S s ~ ... \:=2, H..: - ~ \fie P\8 ...... ~ .:-:w spec - ~r,1 [l.\:::I i .... 1 -;::J;;. .AI r- \ ;:Jo IJJ,. ~' ... subS m ~rr3 \:::J - ~ """'" ~ -" ~ · ... ' .... Sub&'': 2 ,..- ~ ~ ~\-- ~ e ..... '--='-- - ,...,. ~ ';0 1 \~ ~ - sara ~ -~ iH f ~ fIT ~ 1\\ ..... ... L P · \ ::::{~..... -1, ~ ~ ~ "-f\ \, ').1:~' M <1 ~ m r 0 -,Dc ">0 ., ~ , (" ::\. -I' ~ ~ \- J ~ 51;! I I .,...... m':=.-\ .~! ] &J ... -..... ........ _ rI:" .::;::: r;: , _ :1 \- _ -n1 .. ' ~.\\ ~41l-P - 8:3' \ ,..;r.- ;€ 1.".... ~ ~~L. ..' _ u _ _ ___________ ----------- A TT ACHMENT B Hearing Date: 7/6/99 Agenda Item II.A. PLANNING COMMISSION HEARING TO BE HELD IN THE CITY COUNCil CHAMBERS 215 EAST BRANCH STREET APPLICANT: AutoZone, Inc. FllEIINDEX: Berry Gardens Specific Plan Amendment Case No. 99-001 Conditional Use Permit Case No. 99-005 Planned Sign Program Case No. 99-001 PROPOSAL: Amendment to Subarea 4 of the Berry Gardens Specific Plan and Construction of a Commercial Building for an Auto Parts Retail Business lOCATION: 1539 Grand Avenue REPRESENT A TIVE: CEI Engineering 13 Hearing Notices sent on 6/18/99. Staff Report Prepared by Kelly Heffernon. Site inspection by Kelly Heffernon on 3/19/99. Parcel Size: Three (3) Acres Terrain: Slopes down from Grand Ave. and then becomes flat Vegetation: Weeds, grasses and three (3) non-native trees Existing land Use: Vacant General Plan Designation: General Commercial (GC) Existing Zoning: General Commercial (GC); Berry Gardens Specific Plan Surrounding Land Use/Zoning/General Plan Designation: North: Vacant (future Rite-Aid)/GC/GC East: Vacant/GC/GC South: Vacant/RR Berry Gardens Specific Plan/RR West: Small Agricultural Structure (Commercial Development within Grover Beach City Limits)/GC/GC ~ - -----_.._--~---- ------ Conditional Use Permit 99-005 July 6, 1999 Page 2 BACKGROUND: The proposed project is located on the south side of Grand Avenue, east of Oak Park Boulevard, west of Courtland Street, and falls within the approved Berry Gardens Specific Plan and Tract Map 2260. The City Council initially approved the Berry Gardens Specific Plan and Tract Map on September 8, 1998, which consists of approximately 50 acres subdivided into two (2) residential designations (Single Family Residential and Patio Home Residential) and one commercial designation (General Commercial) . The Specific Plan is divided into four (4) subareas to coincide with the four properties held in different ownership. The Specific Plan established development and design standards for subarea 1, a 37.5-acre property composed of 180 residential units, a public neighborhood park and an open space ponding basin. Subareas 2, 3 and 4 were not addressed in the Specific Plan and are subject to a Specific Plan Amendrnent prior to approval of any development proposal (reference attached Berry Gardens Specific Plan for details). The proposed project is located in Subarea 4 of the Specific Plan. Project Description The applicant is requesting approval of a Conditional Use Permit (CUP) to construct a 7,650 square foot concrete masonry building for an auto parts retail store. No service bays are proposed. Three one-story wood frame buildings were recently demolished, rendering the lot vacant. The project also includes a retention basin for drainage and a Preliminary Landscape Plan. The applicant intends to improve approximately one half of the parcel, or 1.5 acres. The remainder would stay vacant until such time as the property owner submits and is approved for a development proposal. In addition to the CUP, the applicant has submitted a Berry Gardens Specific Plan Amendment and a Planned Sign Program. The City Council must approve the Specific Plan Amendment prior to approval of the CUP or Planned Sign Program. However, the Planning Cornmission can approve the proposed project pending City Council approval of the Specific Plan Amendment. Staff Advisory Committee On March 9, 1999, the Staff Advisory Committee (SAC) reviewed the proposed project as a pre-application. Several issues were raised, most of which focused on location of the building, frontage improvements, access, and parking configuration. Staff recommended that the building be relocated to the corner of Courtland Street and Grand Avenue with parking moved to the rear and side of the property. The intent was to improve circulation within the parking lot, reduce visual impacts, and create an opportunity for a shared driveway with the adjacent property owner. The applicant submitted revised plans with the Conditional Use Permit application showing the structure relocated as recommended, which the SAC reviewed on April 27,1999. Cornments included: 1) Modifying the landscape plan to relocate the five (5) palm trees facing Grand Avenue to another location and replacing thern with 24" box London Plane trees; 2) providing information verifying the size of the retention basin; and 3). possibly relocating the monument sign further back to avoid conflict with frontage improvements. -_._~ Conditional Use Permit 99-005 July 6, 1999 Page 3 Architectural Review Committee The Architectural Review Committee (ARC) first considered the proposed project on March 22, 1999 as a pre-application, and on May 3, 1999 as a Conditional Use Permit with a Planned Sign Program. Discussion centered on modifications made to the architecture as originally suggested by the ARC, the addition of trellises, screening of roof equipment, and clarification of certain finish materials. The ARC recommended Planning Commission approval of the CUP and Planned Sign Program subject to certain conditions (reference conditions of approval numbers 25 - 29). DISCUSSION: The Planning Commission has three items to consider: A Specific Plan Arnendment, Conditional Use Permit, and Planned Sign Program. These iterns are discussed below in order of action in which the items would be considered. Specific Plan Amendment The purpose of a specific plan is discussed in Government Code Sections 65454- 65457 (reference attachment) and the City's Development Code. In summary, a specific plan is a land use plan that establishes policies that set forth the allowed land uses, density, development standards (e.g. lot sizes, setbacks, height, etc.), design standards (e.g. architectural theme, building materials, etc.), and the location, distribution and size of required infrastructure (e.g. streets, water, sewer, drainage, etc.). Approval of the Berry Gardens Specific Plan adopted policies and maps that conform to required. development standards. Although the Specific Plan focused on Subarea. 1, it addresses infrastructure needs for all four property owners within the Specific Plan area, such as providing a water and sewer master plan to insure that future development of Subareas 2, 3, and 4 can be accommodated. The Government Code requires that a specific plan be consistent with a City's General Plan overall purpose and intent. However, a specific plan does not necessarily have to mirror existing standards contained in the City's Development Code. A specific plan allows for flexibility in standards if they are consistent with the overall purpose and intent of the General Plan. Given that the proposed Specific Plan Amendment is based on the underlying General Commercial (GC) zoning, it follows that the amendment is consistent with the purpose and intent of the Land Use Element of the General Plan. Sections that address project issues in detail include access and. circulation, drainage and storm ponding facilities, and utilities. Conditional Use Permit Development Code The applicant has submitted this Conditional Use Permit to allow construction of a 7,650 square foot auto parts retail store. The proposed project meets all Development Code standards including setbacks, lot coverage, floor area ratio, parking and building height (reference proposed and required site development standards in the table below). Landscaping requirements have also been met. -----..---- - Conditional Use Permit 99-005 July 6, 1999 Page 4 General Commercial Site Development Standards Min. Front Min. Side Bldg. Min. Max. Max. Lot Max. Required Bldg. Setback Setbacks Rear Floor Area Coverage Build. Number of Bldg. Ratio Height Parking Setback Spaces Dev. Code 15' 0' for interior 0' 0.5 45% 30' 31 Standards side 15' for street side Proposed 17' 80' for interior 180' + 0.13 11.7% 28' 44 side and 45' for street side The conditions of approval are consistent with the Berry Gardens Specific Plan and the proposed Specific Plan Amendment. Initial Study A total of six (6) mitigation measures resulted from the Initial Study prepared for the project, and are included under condition no. 70 of the conditions of approval. Specifically, the Initial Study focused on concerns of water use, drainage, air quality, and archaeology. Of particular interest are the results from a recent archaeology study. Based on the location of a known archaeological site in the vicinity, Robert Gibson was contracted to perform an archaeological surface survey for the Berry Gardens Specific Plan property. Three isolated artifact locations were discovered in Subarea 1 of the Berry Gardens site. Mr. Gibson has therefore recommended that a monitor with knowledge of archaeological resources be present for all construction excavation. Consequently, rnitigation measure no. 4 has been included in the conditions of approval to insure the site will be monitored during excavation. Planned Sign Program Per the Development Code, a Planned Sign Prograrn is required to ensure consistency within a development for projects having one of the following circumstances: 1. Any multi-tenant development of nine (9) or more separate permitted uses that share either the same lot or building and use common access and parking facilities; 2. Projects or developments with a total aggregate sign area exceeding one hundred fifty (150) square feet; and 3. Ground signs between twenty (20) and fifty (50) feet high. The applicant has proposed a Planned Sign Program incorporating three (3) wall signs and one twelve (12) foot high monument sign. The aggregate sign area for the wall signs is 201 square feet, and the proposed monument sign is 73square feet. The monument sign will have two faces, and will be located adjacent and perpendicular to Grand Avenue near the northeast corner of the property. The wall signs will be located on the parapet of the east, west, and north elevations. Conditional Use Permit 99-005 July 6, 1999 Page 5 The site has public street frontage on Grand Avenue to the north and on the future extension of Courtland Street to the east. The City's Sign Ordinance allows a maximum of two building mounted signs per street frontage. The Development Code defines UfrontageU as Uthat portion of a lot or parcel of land which borders and has access to a public street, highway or parkway." Although technically only has street frontage on Grand Avenue and Courtland Street, the Sign Ordinance allows interpretations when unique situations exist. Since the entrance faces west to the parking area and is accessed from Grand Avenue, staff has interpreted this side to also be included as Ufrontage", and therefore is entitled to a wall sign. The square footage of the total proposed signage (273.5 square feet) is less than what the Sign Ordinance allows (472 square feet). However, the Sign Ordinance lirnits the square footage of each individual sign to seventy (70) square feet. Three of the four signs exceed this criterion by approximately 4%. The Developrnent Code gives authority to the Community Development Director to grant Minor Exceptions to rninor development regulations, generally up to 10% deviation. Other than said Minor Exception, the proposal rneets all the requirem.ents of the Development Code. Details of the proposed signs and Development Code standards are presented in the table below. Sign Details SIGNS SIZE COLORS WORDING East Proposed: 73 sq. ft. Red Channel Letters " AutoZone" Elevation Allowed: 140 sq. ft. total (70 sq. ft. max. per siQn) West Proposed: 73.5 sq. ft. Elevation Allowed: 140 SQ. ft. II II North Proposed: 54 sq. ft. Elevation Allowed: 122 SQ. ft. II II Monument Proposed: 73 sq. ft. Upper: Red letters, " AutoZone" 12 ft. high orange stripes, white background "Discount Auto Allowed: 70 sq. ft. Lower: White Parts" 20 ft. high letters, black background Base: Medium brown split face block Total: 4 signs Proposed: 273.5 sq. ft. N/A N/A Allowed: 472.0 SQ. ft. ISSUES: Traffic/Circulation The proposed auto parts retail use is estimated to generate 473 average daily trips (ADT) based on staff calculations using. the average vehicle trip ends provided by the ITE Trip Conditional Use Permit 99-005 July 6. 1999 Page 6 Generation Manual. The increased vehicle trips is not anticipated to have a significant impact to the existing level of service on Grand Avenue. .As mitigation, condition of approval no. 69 requires the payment of the City's standard Traffic and Signalization Impact fees. Frontage Irnprovements Required frontage improvements are addressed in the Conditions of Approval, which include installing curb, gutter and sidewalk, planting street trees, and placing overhead utilities underground. Since the project site is included in the Berry Gardens Specific Plan, the applicant is required to construct a portion of the Courtland Street extension along the project boundary. Both the undergrounding of utilities and construction of Courtland Street will be phased and coordinated with development of Berry Gardens Subarea 1. Given the existing infrastructure, minimal improvernents will be required along Grand Avenue. Drainage The approved Specific Plan includes a strategy for addressing drainage issues for the residential development of Subarea 1. The commercial areas of the Specific Plan are required to construct onsite storm water basins at the time of developrnent. The proposed detention basin is located approximately 100 feet from the rear of the structure and will be fenced and landscaped. Condition of approval no. 51 requires the applicant to construct the stormwater basin to store runoff frorn a 100-year rainfall event, which may include resizing of the proposed retention basin. All drainage is proposed to be directed towards the stormwater basin and existing City stormdrain facilities, which is acceptable to the Public Works Department. PUBLIC COMMENTS: A public notice was sent to all property owners within 300 feet of the proposed project, and a public notice was placed in the Times-Press-Recorder. Staff has not received any comments or correspondence to date. ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the California Environmental Cuality Act (CECA), the CECA Guidelines and the City of Arroyo Grande Rules and Procedures for Implementation of CECA. Based on the review, staff does not anticipate that this project will have a significant effect on the environment. Therefore, staff has prepared a negative declaration with mitigation measures for adoption by the Commission. RECOMMENDATION: The Staff Advisory Committee and the Architectural Review Committee have reviewed the project and recommend approval subject to the conditions of approval. Staff specifically recommends that the Planning Commission adopt the following: 1. Resolution No. 99-1701 recommending that the City Council approve Berry Gardens Specific Plan Amendment Case No. 99-001 -- Conditional Use Permit 99-005 July 6, 1999 Page 7 2. Resolution No. 99-1702 adopting a negative declaration and approving Conditional Use Permit Case No. 99-005 3. Resolution No. 99-1703 approving Planned Sign Program Case No. 99-001 Attachments: 1. *PC Resolution No. 99-1701 Recommending that the City Council Approve Berry Gardens Specific Plan Amendment No. 99-001 2. * Draft City Council Resolution Approving Berry Gardens Specific Plan Amendment No. 99-001 Exhibit II A": Proposed Berry Gardens Specific Plan Amendrnent for Subarea 4 3. *PC Resolution No. 99-1702 Approving Conditional Use Permit No. 99-005 Exhibit II A": Conditions of Approval Exhibits"B1 - B6": Project Plans 4. *PC Resolution No. 99-1703 Approving Planned Sign Program No. 99-00,1 Exhibit II A": Conditions of Approval Exhibit liB 1 - B2": Signage Plans 5. Government Code Sections 65450-65457 6. Draft Negative Declaration and Initial Study 7. Archaeological Report Prepared by Robert Gibson 8. Air Pollution Control District (APCD) Comments 9. City Council Meeting Minutes of August 25, 1998 10. City Council Meeting Minutes of September 8, 1998 11. SAC Meeting Minutes of March 9, 1999 12. SAC Meeting Minutes of April 27, 1999 13. ARC Meeting Minutes of March 22, 1999 14. ARC Meeting Minutes of May 3, 1999 15. Berry Gardens Specific Plan (September 8, 1998) * Resolutions Not Included which the disaict or.agcncy operates, for ~vicw as to its coosi.stcm:y with me applicable gcueral pIaiI, my applicable ATTACHMENT 5 S1JCcific plaos, and aU elements and parts of the plan. Failure of the plaoaing ageocy to 1qJOrtits findings wiIhiD 40 days after receipt of a capital improvement program or revision of tbe program shall be conclusively dcc:ioc::d to <X)ft<<~""~ a finding that the capital improvcmc:nc program is consistent with die gcaaaI plan. A discrict or local agency shall not c:arry OIltits capitalimprovcmc:utpogram or my partoCdJe programjftbcp~ agency finds that the capital improvement program or a part oftbc c:apital improw:ment program is not (OIQ,i~u' with the applicable general plan. any specific pIaus. and all ~ aad padS of tbc pJan. A disaict or; local agct1q may ovenu1e the finding and c:arry out its capital improvement program. (d) Before adopting its capital improvement program. ar amma1 J'CVisions oCtile program. the: goycmidg body of cacb special disaic:c. each unified. elementary, andhigb school distria. aadead1 agency c:n=atcd by ajoint powasagreemcat sl1aLl hold at least one public hearing. Notice of the time and placeoftbchcariugsball be giVCD pursuaDtto Secdon6S090.. In addition. mailed notice sball be given to any city ar county wbich mrt be significam1y atrectai by the capiaI- improvement program. (Amended by SIDts. 1984. Ck. 1009.) (Articie 7.5. (commencing wilh Section 6S42O] ~ hy Stau. 1984. Ck. 1009.) Article 8. Spec:ific: I'Ims 65450. After the lcgi.slative body has adopted a general plan. the: pfamJiDg agency may, or if so c:Iin:dI:d by the JqisIatM: Prqtzmtion of body, .shaJI. prepare spec:ificplans for the systematic impl~n{"tion of the general pJanfor all arpart oftbcarc:a.CIOVaat speciJU: plJZn. by the genexal plan.. (R~pe4hd and a.dti4d hySIDts. 1984. en. 1009.) (Section 65450.1 repmUd by SIi1.tS. 1984. en. 1009.) 65451. (a) A .specific pian shall include a text and a diagr3m ar diagrams which specify all of the foJIowiag ill dccIi1: Contmt of sp.cijic (1) The distribudon.locadOn. and extent of the uses of land. inl"fntfn,g opcnspaa:. within the ar=lcover1:dbythe pIaa. pltm (2) The proposed distnbution. location. and extent and iat=sity of major compooc:nts of public and pDYaIC transportation, sewage. water. draioage. solid waste di.sposa1. eacrgy .aud.otber~ faalities pio~to belocared within the area covered by tbc plan and needed to support the Iaad uses desaibed ill the plan. (3) Standards and aiteria by which development will proceed. aadsraadards far the ~ ~aad. utilization of natural ~ where applicable. .' (4) A prograin of impJ"'"1I"O'''tion mcasun:s including rcgufariaas. programs. public wod:s projcas. aDd fin....d,.g measures necessary to c:arry out patagraWJs (t). (2). and (3). (b) The specific pian sball include a S'Ji'~nC of the xcJatiODSbip of the specific: plan to the: geuaa1 plan. (R~pea/4d and a.dti4d by SIDts. 1984. en. 1009; AntmtktL by StatI. 1985. en. Il99.) 654~ The specific pian may address any other subjcas which in the jodgmeat of the: p1amziug ageacy arc ~ or Optiolllli subj.cl:t de.sirable for implemcntarion of the general plan. (R~peaUd and atIJ4ti by SltzlS. 1984. en. 1009.) 65453. (a) A specific pian sball be prepared. adopced. and "~"Cf in the: same marmcr as a gene:a1 plm. exa:pt cbat a Uoptionl specific pIan may be adopted by n:so1ution or by ordinance and may be ~CY-d as often as dc:mI::d ~ by tbe ~ lcgi.slaJive body. Jlnx:etbzn (b) A specific pian may be repealed in the same manner as it is ~ to be 2CJ'Iertded (R~pe4hd and atitUd by SIi1.tS. 1984. Ch. 1009; Ammtkti hy Statl.l985. en. 1I99.) 6S454. No specific plan may be adopcedar amcudcd unlcs.s d1c p&u~ planor~~ ismn..i~1( wich theFD=31 Consisttrnq with plan. gearal plan (Add6d by Slats.. 1984. en. 1009.) 65455. No loca( public woIb project may be ~ DO teDWive map or pan:c! map forwbich a r=cam: map 'ftS DOC Zo1lin& tentIItiv., required may be approved. amino zoning ordinaDcc may beadopredoramended wi~anarea.c:ow:n:dbyupecificpJa . ar4p# PfII'"l. mIIJI# unless it is consistent with the adopted specific plan. all prdtlic "Worla (Add6d by Slats.. 1984. en. 1009.) JlTtlieet CD~ 65456. (a) The legislative body, after adoptiug a specific plm. may impose a specific plan fee apcId peaoas aekiDg with spedJic plan govemmcntaJ. approval.s which are requiII:d to be coosisteDt with the:3pCCific plan. The fc:essball bcesrablisbaiso dIa. in the aggrcgate..thcy defray but as estimacI:d do not exa:ed. tbe tOStrX jA"!:"""aQoa. adoptioa.aad admiaisadaa olrbc Feu IZIUl duzrgu specific plan. includingcosrs incwred pur=mtto Division 13 (Q1..I...: adng with Section 21000)olrbcPubJic&..ob._ Code. As nearly asean ber:mm"r~ thefccdJargcdsball bcaprmal.l:damouzd:iDaa:outWlcewithdJc:"~ .....sldalm: benefit derived from the specific plan. It is the imem of me IT!lIfnI1:jg providiug for sadi fees fDdIar&e~wbo benefit from specific plans for the costs of developing tb?se specific pIaus wbicb n:sult ill saYiogs to diem by ~ ;1'8 the cost of doc:umenting environmental comcquc:nces and adYOCIOag cbanged laud uses which may be ~ . pursuant to the specific plan. (b) Notwithsr.and.ing Section 60016. acity arcowty may n:quireapc:rson whorequcscsadoptioa..JlIDI!f~c. onqx:a1 of a specific plan to deposit with the planuing agency an amoum equal to the ..mm,,~ cost of p.~ the pi-. amendment. ot tepC3J. priar to its preparation by the planning ageucy. 1995 PI.anni... ~ ad O".........t Laws -37 -------- - THE PLANNJNG AND ZONING LAW (c) Copies of the documents adopting or amending the specific plan. including me diagrams aad r.cxr. sbaIl be maci: available to local agencies and shall be !Dade available to the general public as follows: (1) Within one working day following the date of adoption. the clerk of the legislative body sball make the doCUIDe:1t'S adopting or amending the plan. including the diagrams and text, available to the public: for inspec:tioa.. G . . (2) Within two worlcing days after receipt of a p:qucst for a copy of the documcats adopting IX' anv.nm'1g the pIan.. ..oj including the diagrams and text. accompanied by paymentfor the reasonable cast of copyiDg. the c:lczXsbalI .~Ii Qc requcstc:d copy to the petSon making the n:quest. (cO A city or councy may cbarge a fee for a copy of aspccific: plan oramendmenls to a specific: plm in an amouut tb:!t is n:asooably rc1ared to the cost of providing that docameat. (Addai by Stats. 1984. C1t.l009:AmerrtWilryStalS.1985. CJr.J38andCJr.1199:AmmtietlbySliII:$..I990. CJr.l572.J CEQA exemption 65457. (a) AnY residential development project. includhJg any subdivision. or any zooiDg cbange tbat is lJDdcrtak= m implcmentandis coosistentwith aspecificplan forwbicl1 an envUnn~( impactn:portbas beeaa:rtifiedafter IamJ2r! 1. 1980. is excmptfrom the requirements ofDivision 13 {coamlenc;:iug with Seaion 21 OOO}oftbcPabJicResources Code.. However. if ~ adoption of the specific piau. an event as specified in Section 21166 of the Pubtic Resoun:=s CoO: 0CCW'3. me exemption provided by this subdivision does noupplyunlcss and umil asupp"""-'ntt oanu....... ~ impac:: report for thc specific plan is prepared and certified in accordance with the provisions ofDivisioa 13 (com~gwiQ Section 21000) of the Public: Resources Co<I.e. After a suppll'!mI!!rlf21 environmeatal impact R:pOtt is ccriified. tb: exemption speciiied in this subdivision applies to projc:as undcrI:aken pursuant to the specific piau. (b) An action or proceeding alleging that a public apcy bas approved a project pursuaut tQ a specific plan wicboar having previously certified a supplementa.l envinmmeDtal impact n:port for the specific p1aa. wbca: requiI=1 ~ subdivision {a}. sbaII be commenced within 30 days of the public agency's decision to aay OUt or approve ~ projec:. (c:) This section does not supersede but provides an altem.alive procedure to Section 21080.7 oltbe Public RCSOCli,-= . . Code. (Addai by SI4U. 1984. C1t. 1009.) Article 8.5. Tr:ms:it Village DeYelopmeot PhumiDg Act of 1994 TransiJ village pltm 65460. This act sbail be known. and may be dted., as the TI'3DSit ViD3ge Deft10pmeat PJ:umiDg Ad of 1994. (Addai by StalS. 1994. CII. 780.) 65460.1. The Legislature hereby finds aud ded2ns an ot the fonowing: (a) Federal, state. and Ioc:al governments in Calif'0rDia are inftStfDg in Dew and ezpaDded r:UI tramit systems .. fnareasthroughoutthestate..indodiugLosAugelesCmmty, tbeSanFr.mdscoBay2rea,Sm.DiegoCoUDty,Sana Clara COUDty, aDd Sacramento County. . (b) This public investments in rail tr2Dsitis 'IJUE'i1'21ed in the state's history and I ep..~ wen aver ten biD.iOl1 dollars ($10,000,000,000) in planoed investment 2lone. - (c) Recentstodies oftransitridersbip in Calif'omiaiDdicate tbatpersouswho IiTewitbfna'l44a.b:I;-miIe radios of rail transit statiODS utilize the tr2Dsit system. in far greater 1I1IDIbers thm does the ~ public liTing dsewhere. (d) 'the use or transit by persons HYing Dear rail traDSitst2tioos is partic:Dlariy imporcmt dftII the dediDe of traDSitridersbip in California between 1980 aud199O. TrabSittsshareof commute trips dtoi'paliDaIl CaliCorn:ia metropolitan areas-greater Los Angeles: 5.4 percent to 4.8 pen:ent; San Francisco Bay area: 11..9 percent to 10.0 percent; San Diego: 3.7 perc:ent to 3.6 perceot; Saa'2IDeDto: 3.7 pen:ent to 2.5 perceut. (e) Only a few rail transit stations in Ca.liComia baTe any cooCl!Dtratioo othoasiDg iU4&'i......... to the mtioa. (f) Interest in clustering housing aod commercial deTelopmeut armmd rail tr3Dsit ~~ c:aDed trmsit Tillages, bas gained momentmD in recent years. (Mdai by Sl4ts. 1994, C1t. 780.) 65460.2.. A dty or county may prepare a tr2DsihiDage plan tor a trausihiDage deYeloplDl!Dt disarictthataddresses the following characteristics: (a) A neighborhood centered 3I"OUDd a traDsit station that is planned and desigued so tbat,.....od~. workers. shoppers, aDd others tiDds it convenient and attradift to patronize transi~ (b) A mix olhousing types, including apartments, within DOt1ess tban a quarter mile oCth.e am:ior boundar! ot th.e para! on whicl1 the transit station is located. (c) Other !and DSeS,.includiDg a ret2il district oriented to the trausitstadon and. dvic: usa, int-Indl"g day care centers and h"braries. (d) Pedestrian and bicycle ac:ass to the tr3Dsit stltion, with attractively designed aDd ~ped patInr8ys. (e) A rail traDSitsyst.em tbatshould encoarageandradlitateiutetmodalserri~3Ddac:a:zssbymodes othettbaa siogle oa:apaut Yehicles. (I) Demonstrable public benefits beyond the increase in transit usage, includ.ing 211 oC the followiDg: (1) Relie! of traffic congestion. (2) Improved air quality. (3) IDcreased trmsit revenue yields. "- (4) IDcreased stock o( affordable housiDg. "\g 0- 1~~ 'P1mIninP. ZooiJu!. and. Denloomeut Laws ~-- A TT ACHMENT 6 CITY OF ARROYO GRANDE - INITIAL STUDY - 1. Project Title: Berry Gardens Specific Plan Amendment Case No. 99-001 Conditional Use Permit Case No. 99-005 Planned Sign Program Case No. 99-001 2. Lead Agency Name & Address: City of Arroyo Grande P.O. Box 550/214 E. Branch Street Arroyo Grande, CA 93421 3. Contact Person & Phone #: Kelly Heffernon, Associate Planner (805) 473-5420 4. Project Location: 1539 Grand Avenue Arroyo Grande, CA 93420 5. Project Sponsor's Name & Address: Autozone, Inc. 60 Madison Ave., 10th Floor Memphis, TN 38103 6. General Plan Designation: General Commercial 7. Zoning: General Commercial (GC) 8. Project Description: 1. Berry Gardens Specific Plan Amendment to change the underlying zoning district from UGCU to uGC_Spu. 2. Request to allow construction of a 7,650 square foot masonry building for an auto parts retail business. 9. Other Agencies whose approval is required (and permits needed): None. ..------------- un DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated". An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Signature Date ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" or "POTENTIALLY IS SIGNIFICANT UNLESS MITIGATED", as indicated by the checklist on the following pages. o Land Use and Planning o Biological Resources o Public Services o Population and Housing o Energy and Mineral Resources o Utilities and Service Systems o Geophysical o Hazards o Aesthetics o Water o Noise o Cultural Resources o Air Quality o Mandatory Findings of Significance o Recreation o Transportation/Circulation EVALUATION OF ENVIRONMENTAL IMPACTS: . . 1. A brief explanation is required for aI/ answers except "No /mpact" answers that are adequately supported by the information sources a lead agency cites in the parentheses fol/owing each question. A "No Impact" question is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operations impacts. 3. "Potentially Significant Impact" is appropriate if an effect is significant or potentially significant, or is the lead agency lacks information to make a finding of insignificance. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses", may be cross referenced.) 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). A Source List should be attached and other sources used or individuals should be cited in the discussion. _.---------~-_.- ---- Potentially Potentially Significant Less Than Issues (and Supporting Information Sources): SignifiCBnt Unless Significant No Impllct Mitigated Impllct Impllct I. LAND USE AND PLANNING. Would the propoSBI: a) Conflict with general pl~n designation or zoning? (source lIs): 1,2,3,4) X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (source lIs): 1,6) X c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? (source lIs): 11) X d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (source lIs): 2,4,11) X II. POPULATION AND HOUSING: Would the propoSBI: a) Cumulatively exceed official regional or local population projections? (source lIs): 1,5,9) X b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? (source lIs): 9,10) X c) Displace existing housing, especially affordable housing? (source lIs): 9,10,11) X III. GEOPHYSICAL: Would the proposBl result in or expose people to potentiBI impllcts involving: a) Seismicity: fault rupture? (source lIs): 5,6) X b) Seismicity: ground shaking or liquefaction? (source lIs): 5,6) X c) Seismicity: seiche or tsunami? (source lIs): 5,6) X d) Landslides or mudslides? (source lIs): 5,6) X e) Erosion, changes in topography or unstable soils conditions from excavation, grading or fill? X (source lIs): 10) f) Subsidence of land? (source lIs): 5,6) X g) Expansive soils? (source lIs): 5,6) X h) Unique geologic or physical features? (source lIs): 5,6,10,11 ) X IV. WATER: Would the propoSBI result in: a) Changes in absorption rates, drainage patterns, or the X rate and amount of surface runoff? (source lIs): 10) b) Exposure to people or property to water related hazards such as flooding? (source lIs): 8) X c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity? (source lIs): 9) X d) Changes in the amount of surface water in any water body? (source lIs): 9, 10) X e) Changes in currents, or the course or direction of water movements? (source lIs): 9, 10) X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X (source #(s): 9, 10) g) Altered direction or rate of flow of groundwater? (source #(s): 9, 10) X h) Impacts to groundwater quality? (source #(s): 9,10) X iI Substantial reduction in the amount of water otherwise available for public water supplies? X (source #(s): 6) V. AIR QUALITY: Would the proposal: a) Vi~late any air quality standard or contribute to an existing or projected air quality violation? (source #(s): 7, 13) X b) Expose sensitive receptors to pollutants? (source #(s): 10, 11) X c) Alter air movement, moisture, or temperature, or cause any change in climate? (source #(s): 9) X d) Create objectionable odors? (source #Is): 9,10) X VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (source #(s): 13) X b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (source #Is): 9, 10) X c) Inadequate emergency access or access to nearby sites? (source #(s): 9, 10) X d) Insufficient parking capacity on-site or off-site? (source #(s): 3, 9, 10) X e) Hazards or barriers for pedestrians or bicyclists? (source #(s): 9, 10) X f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (source #(s): 9, 10) X VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (source #(s): 6) X b) Locally designated species (e.g., heritage trees)? (source #(s): 10, 11) X c) Locally designated natural communities (e.g., oak forest, coastal habitat)? (source #(s): 10, 11) X d) Wetland habitat (e.g., marsh, riparian and vernal pool)? (source #(s): 11) X e) Wildlife dispersal or migration corridors? (source#(s): 11) X VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (source #(s): 1, 6) X b) Use non-renewable resources in a wasteful and inefficient manner? (source #(s): 9, 10) X IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? (source Its): 9) X b) Possible interference with an emergency response plan or emergency evacuation plan? (source #(s): 9, 10) X c) The creation of any health hazard or potential health hazard? (source #(s): 9, 10) X d) Exposure of people to existing sources of potential health hazards? (source #(s): 9,10,11) X e) Increased fire hazard in areas with flammable brush, grass, or trees? (source Its): 10, 11) X X. NOISE. Would the proposal result in: a) Increases in exis~ing noise levels? (source Its): 1, 9) X b) Exposure of people to severe noise levels? (source #(s): 9, 10) X XI. PUBUC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire Protection? (source Its): 6) X b) Police Protection? (source Its): 6) X c) Schools? (source Its): 6) X d) Maintenance of public facilities, including roads? (source #(s): 6) X e) Other governmental services? (source Its): 6) X XII. UTlUTlES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? (source Its): 9, 10) X b) Communications systems? (source Its): 9, 10) X c) Local or regional water treatment or distribution facilities? (source Its): 6) X d) Storm water drainage? (source Its): 6) X e) Solid waste disposal? (source#(s): 6) X XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (source#(s): 1, 10, 11) X b) Have a demonstrable negative aesthetic effect? (source Its): 9, 10, 11) X c) Create light or glare? (source Its): 9,10) X XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (source Its): 6, 11) X b) Disturb archaeological resources (source Its): 6, 11) X c) Affect historical resources? (source Its): 6, 11) X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (source Its): 11 ) X e) Restrict existing religious or sacred uses within the potential impact area? (source Its): 10, 11) X XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (source Its): 1, 3) X b) Affect existing recreational opportunities? (source Its): 1, 5) X XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? X c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed by earlier documents. c) Mitigation Measures. For effects that are "potentially significant" or "potentially significant unless mitigated", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Authority: Public Re.sources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080(cl, 21080.1, 21080.3, 21082.1,21083. 21083.3, 21093, 21094, 21151; Sundstrom v. County of Mendocino. 202 Csl. App. 3d 296 (1988); Leono1fv. Monterey Boerd ofSuperviso,s, 222 Cal. App. 3d 1337 (1990). ~ SOURCE LIST: 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande General Plan land Use Map 3. City of Arroyo Grande Development Code 4. City of Arroyo Grande Zoning Map 5. City of Arroyo Grande Existing Setting and Community Issues Report 6. City of Arroyo Grande General Plan EIR 7. Air Pollution Control District Clean Air Plan 8. FEMA - Flood Insurance Rate Map 9. Project Description 10. Project Plans 11. Site Inspection 12. Ordinance 431 C. S. 13. Institute of Traffic Engineers (lTE) Trip Generation Manual EX PLANA TIONS: IV. WATER Development of the proposed project would require water for both domestic use and landscape irrigation. The water consumption by this project would further reduce the City's supply of available water. This impact could be mitigated using water conserving designs, fixtures and landscaping and the development and implementation of an individual water program to neutralize water use. Analysis of Significance: Potentially significant unless mitigated. Mitigation Measures: 1. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 2. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit ~-_..~. DRAINAGE The site will change absorption rates and the rate and amount of surface runoff. The project proposes to drain to a stormwater basin located towards the rear of the property. Drainage will also be directed to a drainage channel along the future Courtland Street extension. Analysis of Significance: Potentially significant unless mitigated. Mitigation Measure: 3. The applicant shall submit a final drainage plan showing a stormwater basin designed to store runoff from a "100-year" rainfall event. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit V. AIR QUALITY The proposed project is not likely to exceed Air Pollution Control District emissions thresholds of significance for construction or operation. However, to mitigate cumulative air quality impacts, the following measures shall be incorporated into the project: Analysis of Significance: Less than significant Mitigation Measures: 4. Wall and ceiling insulation shall be upgraded one level from Title 24 requirements. 5. Appliances, furnaces, water heaters and lighting shall be high efficiency and energy conserving. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shall be followed during construction of the project, and shall be shown on grading and building plans: Analysis of Significance: Less than significant Mitigation Measures: 6. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. 7. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. 8. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. ---....---. -- - ..---------- . -- Monitoring: Review of grading and building plans and site inspections Responsible Department: The Building and Fire Department shall inspect plans, and the Community Development Department shall spot check in the field Timeframe: Prior to issuance of grading permit VI. TRAFFIC The proposed auto parts retail use is estimated to generate 473 average daily trips (ADT) based on staff calculations using the average vehicle trip ends provided by the Institute of Transportation Engineers Trip Generation Manual. The site ingress/egress is onto Grand Avenue, designated as an arterial street in the City's Circulation Element. The increased vehicle trips is not anticipated to have a significant impact on existing levels of service on Grand Avenue. However, the applicant shall pay the City's Traffic and Signalization Impact fee (based on the adopted fee at the time of building permit issuance). X. NOISE Short-term noise increases will be caused by construction of the facility. These impacts can be mitigated through limiting construction hours. No other noise sources are anticipated. XIV. ARCHAEOLOGY The site is located within 2/3 of a mile of a known archaeological site. As a result, an archaeological surface survey was conducted by Robert Gibson for the Berry Gardens Specific Plan property. Three isolated artifact locations were discovered in Subarea 1 of the Berry Gardens property. Therefore, Mr. Gibson recommends that a monitor with knowledge of archaeological resources be present for all construction excavations. If cultural resources are encountered, then all work in the area of the find shall be suspended and the City of Arroyo Grande shall be notified. An archaeologist qualified to evaluate the find shall be contacted and an assessment completed, and, if necessary, a mitigation plan formulated and implemented. Analysis of Significance: Less than significant impact. Mitigation Measure: 9. A monitor with knowledge of archaeological resources shall be present during all construction excavation. The following note shall be placed on the grading and improvement plans for the project: IIln the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the significance of the resources are determined. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site." Monitoring: Review of grading plans and site visits by the Public Works Inspector. Responsible Department: Public Works, Building Departments Timeframe: Prior to issuance of a grading permit and during site grading ~Y-20-99 10:28"AM CIBSOHS.ARCH.CON 805'238 7029 P.02 . r r '. . ATTACHMENT 7" . Results of Phase One Archaeological Surface Survey for the Berry Gardens Project, T~act 2260, City of Arroyo Grande, San Luis Obispo County, California - . Prepared for Mr. David Foote FIRMA San Luis Obispo, CA - November 11, 1997 - - Prepared By GIBSON'S ARCHAEOLOGICAL CONSULTING Robert O. Gibson Principal Archaeologist P. O. Box 102, Paso Robles, CA (80S) 238-5411 . _WM_____..._____ , ". .MAY-20-99 18:29 AM GIBSONS.ARCH.CON 80S 2'38 7029 P.03' . ...:-..... ,- ( t '. 1.0 ABSTRACT Based on an archaeological archival records search and phase one archaeological surface 'survey conducted on about a 47 acre parcel located along Oak Park Blvd. between Grande A venue and Ash Street in the City of Arroyo Grande. no intact historic or . prehistoric archaeological sites were recorded. Only isolated historic and prehistoric archaeological materials were noted in five locations on the parcel. The two historic isolated locations are not considered significant cultural resources. The three prehistoric isolated shells may be explained in one of three ways: 1) disturbed cultural materials imported onto the property. 2) disturbed but originally intact archaeological site on the property. and 3) the tip of a buried intact cultural site on the property. A small scale subsurface testing program at each of the three prehistoric isolated artifact locations will determine the nature of these isolates and provide data for the - recoJ1?mendations about their treatment in the context of the overall project. This subsurface testing should be done prior to construction activity but can be attached as a condition of the development permit. 2.0 INTRODUCTION on October 27 and 28, 1997. at the request of Mr. David Foote, FIRMA. 849 Monterey Street. Suite 205, San Luis Obispo. CA 93401, an archaeological archival records search and phase one archaeological surface survey was conducted for about a 47 acre project area. Tract 2260, located along Oak Park Blvd. between Grande A venue and - Ash Street at the western edge of the City of Arroyo Grande in southern San Luis Obispo County. C/\ (see maps 1 and 2). - The p~ose of the archaeological surface survey was to detennine whether any archaeological cultural resources were present within the project area and, if so. to map their extent based on surface examination and also. on a preliminary level. to detennine the nature and significance of any resources discovered. Also. if necessary, .' recommendations will be made regarding the treatment of any cultural resources discovered in .the context of the 'proposed project which consists of the subdivision of the parcel and subsequent construction of 204 single family and multi family dwellings along with streets and utilities. . This archaeological study is being requested by the City of Arroyo Grande, in accordance. with the California Environmental Quality Act of 1970 which declares that the policy of the State of California is to: "... take all steps necessary to provide the ~ple of this state with. . . enjoyment of . . . historic environmental qualities. . . ." The C QA definition of "environm~ntal qualities" includes objects of historic, archaeological and . aesthetic significance (Public Resources Code Section 21001)(Gammage, Jones and Jones 1975). Because the Arroyo Grande area is a sensitive archaeologital area, projects that are in the city limits are sometimes required to have a surface survey to identifY any cultural materials that may be affected by a proposed project. This project is within the territory historicallrc occ~ by the Obispeiio Chumash. the northernmost of the Chumashian speaking peop es of . ornia (Kroeber 1953; Greenwood 1978). Archaeological evidence has revealed that the ancestors of the Obispefto settled in northern Santa Barbara County and San Luis Obispo County more than 9,000 years ago (Greenwood 1972; Gibson 1979). The Arroyo Grande and Oceano areas have a 1 --- .,'1AY-20-99 10: 29 AM GIBSOHS.ARCH.COH a015.2~a.7029 P.Se; . (- r- '. number of archaeological sites including one large site that was occupied for over 5,000 years (Gibson 1992). . Following an annual cycle of hunting. fishing. fowling and harvesting. the Chumash peoples adapted to changing environmental and social conditions and grew into a large complex society which persists today. Aboriginal society underwent major changes soonnfter Spanish contact in A.D. 1769, primarily due to the introduction of epidemic European diseases and the consequent high mortality rate. Most of the Chumash from. ranohcrias in the general area were baptized at San Luis Obispo Mission between A.D. 1772 and 1805. After the establishment of the mission at San Luis Obispo in September of 1772. baptisms from the Arroyo Grande area began within a year and continueduntUabout 1804 when ~mages in the area were abandoned and the inhabitants were moved and living at the mission or on outposts. At least two vi1lageswere located near Arroyo Grande including Chiliquini located near the modem town of Arroyo Grande and Chmoli located on the .same creek but upstream (see figure l){King 1984). The former had 41 baptisms and the latter 33 baptisms. The famous chief Buchon who lived at Avila Beach at Shepjato was - married to a woman from the village of Chiliquini. This woman continued to collect tribute from surrounding villages even after Buchan died sometime before A.D. 1776. The villages iri the Arroyo Grande: Creek area had marriage and other social ties with many surrounding villages (Singer, Lambert and Atwood 1990). Archaeological studies continue to contribute to our knowledge of past cultural patterns and add considerably.to our store of infonnation on ancient environments and climatic conditions. Data generated by the systematic surface and.subsurfac.e testing of archaeological deposits contributes a significant element to the scientific history of CaHfornia and to the history of San Luis Obispo County. - Archaeological sites are also an integral part of the modern day Native American community. Their history is contained in the sites and most believe it is best left in its natural state. Whc:n unavoidable adverse impacts are ptoposed. most strongly support the best sensitive scientific study that will benefit their culture and the general community. .3.0 ARCHIVAL SEARCH An archivaJ records search was conducted on October 8.1997 with the Central Coast Archaeologica11nformation Center located at the University of California, Santa Barbara (see appendix 1). The Central Canst Inf9rIDation Center is the official repository and clearinghouse Jor all archaeological information. on San Luis Obispo County. The archivalscarch yielded information on:.. ~ · Previous!y surveyed tracts within or near the project area · Intensity of previous survey efforts · Previously recorded properties within or near the project area · Characteristics of previously recorded p~perties · Dates of previous survey and excavation programs. technical reports and authors.' . The records search was conducted for all projects within 1/2 mile: of the Berry Gnrdens project area. Since the 1950's there have been several surveys but no archaeological sites have been recorded within In mile of the project area. However. two 2 " MAV-2e-99 1 e : 313 AM GIBSONS. ARCH. CON 8135 238 71329 P.05' (~. r archaeological sites have been recorded within 213 of a mile of the project area. Also a small area of prehistoric displaced cultural deposit was recorded about 8 blocks west of the project area on 9th Street and Farroll Road (Gibson 1995). 4.0 ~ RESULTS OF ARCHAEOLOGICAL SURFACE ~SURVEY This project will consist of the grading and construction of 204 residential10tson the 47 acres. Until recently, the property was used for agricultural fields, primarily growing strawberries. The fields have been graded to some degree to level them and at least four different field elevations are visible. The property is bounded by residential developments on the west and east and by Grande A venue on the north and Ash Street on the south. The agriculture fields have been disked and no native vegetation is present, Soil varies from a light to medium tan loose sandy soil with no rock. The archaeological surface survey consisted of one archaeologist Iig-zagging back and forth in 10 to 20 meter transects examining the surface for any signs of prehistoric - cultural materials (including small weathered seashell fragments, stone tools and fragments. stone flakes. bone, burnt rock. etc.) or significant historic structures or cultural materials (including historic shell, square nails. purple glass. etc.). . No intact historic or prehistoric cultural sites were noted during the 47 acre survey. However. isolated pieces of prehistoric shell and modem or historic shell and bumtbone and glass were noted in a total of five separate locations on the project area (see map 3). Prehistoric shell consisted of small, weathereq. fragments of immature Pismo clam (Tivela stultarum) (1 fragment) an~ Littleneck clam (Protothaca sp.)(2 fragments), Thes.e fragments were not found In darker sandy soil and no chert flakes, burnt rock or other - obvious prehistoric cultural materials were observed near these isolated materials. However. their type and condition indicate they are prehistoric materials dating order than 200 years. . The historic or modem cultural materials consisted of two fragments of medium to legal sized Pismo clam. a piece ofbumt bone. probably domestic animal, and several . pieces of clear bottle glass. The shells were only slightly weathered and probably date to after the 1940's or 1950's, Similar displaced prehistoric cultural materials were recorded on a lot about 1/2 mile southwest of the Berry Gardens project. They were recorded in 1995 during the surface survey of a 0.82 acre parcel located at 9th Street and .Farroll Strect in Grover Beach: In aU areas of road cuts where natural soil was present. no concentrations were noted of dark soil. chert flakes, burnt rock or other cultural materials which arc common in primary prehistoric deposits. ...In one area of imported piles of soil measuring 5 feet by 10 feet ... in the northwest comer of the parcel a few pieces of weathered shell were noted inclu~g Pismo clam. Littleneck clam and Gaper clam...These shell fragments are probably from a prehistoric cultural site which were imported along with the tan sand from another unknown. location... Archaeological monitoring accompanied the removal of these imported piles ...(Gibson 1995:4). 3 ---.-- MAV-~0-99 10:30 AM GIBSOHS.ARCH.COH 805 '238 7029 P.06 , C (' 5.0 RECOMMENDATIONS Based on an archival records search and a phase one archaeological surface survey conducted on about a 47 acre parcel, no intact historic or prehistoric archaeological/cultural sites were noted. In two locations. Pismo clam shell fragments were found associated with either glass or domestic animal bone and are probably historic in origin. In three other separate locations, isolated shell fragments were recorded that are probably p~historicin origin. . The only method to determine the true nature of the isolated prehistoric cultural. materials on thc parcel is to conduct preliminary subsurface testing around cach of the three: isolated artifact locations. Three explanations are possible. The areas where the prehistoric shells were found had been disked and probably also leveled. It is unclear if a low density prehistoric camp site was originally located along the west and north side of the parcel and subsequently was graded during agricultural activity. It is also possible that some sandy soil was imponed to the edge of the property. probably along Oak Park Blvd. or Ash Street and later leveled over various areas of the parcel. It is also possiblc that a prehistoric site lies beneath the curren~ sandy surface and - has only been slightly disturbed by the disking and leveling operations. A small scale archaeological subsurface testing program should be conducted in order to define the presence or absence of additional cultural materials, and if present, the nature of the cultural deposit within thc area of potential impact, its depth, contents and organization. A series of four to six shovel test pits (30 em to 40 cm in diameter) should be . excavated at each isolate location and screened with 1/16" or 1/811 mesh. It is estimated that two or three days would be required for subsurface testing. Standard Jaboratory analyzes and a technica1 report of results should follow. This should take about a week ~o complete. This information can then be used to determine the location of intact oniisplacedcultural deposits within the project area and derme appropriate mitigation procedures. - - The most likely results of tms testing will confirm that the prehistoric materials are true isolates. imported from another location and that no intact cultural sites are present on the parcel. Depending on the results. archaeological monitoring may be reconunended and an archaeological workshop for contractors should be conducted prior to the start of construction activity. The timing of the subsurface testing can vary as long as it occurs before the start of construction activity. Doing the testing earlier rather that later is important only if intact buried cultural materials are present which would require some mitigation procedures as outline in the California EnvIronmental Quality Act of 1970. This could include re.design, and or a data recovery program(as a last resort). If the subsurface testing is conducted at the three prehistoric isolated artifact locations. aIid if necessary appropriate mitigation is conducted, then the project would not have an adverse imckact on any known significant cultural resources. Based on the surface information. there oes not appear to be a major problem with the proposed development on the 47 acres. If during construction excavation. any buried or isolated prehistoric cultural materials are unearthed. work in that area should halt until they can be examined by a qualified archaeologist and appropriate recommendations made as outlined in California Enviroqmental Equality Act of 1970. In such an event contact R.O. Gibson (805) 238. . 5411, or the Planning Department in th.e City fo Arroyo Grande. 4 .- -- ---- ~AY-20-99 10:31 AM GIBSONS. ARCH. CON 805. 238 7029 P.07' (- C 6.0 REFERENCES Ditmas, Madge 1983 . According to Madge. Early Times In South San Luis Obispo CoutJ,ty And The Arroyo Grande Valley. South County Historical Society, Arroyo Grande. Gammage, Grady, Phlip N. Jones and Stephen Jones . 1975 Historic Preservation in California: A Legal Handbook. Stanford Environmental Law Society: Stanford, CA. Gibson, Robert O. 1979 Preliminary Inventory and Assessment of Indian Cultural Resources at Lodge Hill, Cambria, CA. Manuscript on file with SLO County Engineering Department. CA 1992 Results of Archaeological Subsurface Testing at CA-SLO-433 on the Fowler Parcels. 25th and Paso Streets, Oceano. CA. On file with California State Information Center at UCSB. September 16. 1995 Results of Phase One Archaeological Surface SurveyJor the South Grover - Beach Affordable Housing Project. Grover Beach. CA. Prepared for Sandra Bierdzinski. Assistant Community Development Director, Grover Beach. On file with California State Information Center at University of California at Santa Barbara. CA. October 20. Greenwood, Roberta S. 1972 9.000 Years of Prehistory at Diablo Canyon, San Luis Obispo County, CA. 1978 San Luis Obispo County Archaeological Society Occasional Paper No.7. Obispeno and Purisimeno Chwnash, in Handbook of North American Indians. Volume 8. California Smithsonian Institution: Washington, D. C. Heizer, Robert F. (volume editor) ~ "1978 - Handbook of North American Indians. Volume 8 -California. Smithsonian - Institution, Washington King, Chester D. 1984 Ethnohistoric Background Appendix 1 in Archaeological Investigations on . the San Antonio Terrace. Vandenberg Air Force Base, CA. Report prepared for the Department of the Army, Los Angeles. CA and on file with the Regional Clearinghouse at the University of California at Santa Barbara. CA. Sjn~er, Clay A.. Particia M. Lambert and John E. Atwood . . 1 90 Archaeological Investigations at CA-SL0-408 in the City of Arroyo Grande, San Luis Obispo County. CA Report on file with the City of Arroyo Grande. CA February 26. Wallace. William J. and Edith S. Taylor 1959 Archaeological Investigations in the Arroyo Grande Creek Watershed, SLO County. CA. Report prepared for the U.S. National Parks Service and the Department of Anthropology. University of Sotlthem California. Los Angeles. Wallace. William J. 1962 "Archaeological Investigations in the Arroyo Grande Creek Watershed, . SLO County, CA".UCLA Archaeological Survey Annual ReportVol. 4, Los Angeles. University of California . 5 -~._- ----. MAY-20-99 le:~2 AM GIBSONS.ARCH.CON S0S.2~S 7029 P.0S . ~ (' r 'f1ap 1. Location of Berry Gardens Project, Tract 2260, City of Arroyo Grande. CA OCEANO QUADRANGLE . CALIFORNIA-SAt'{ .LUIS OBISPO CO.. 7.5 MINUTE SER\ES (TOPOGRAPHIC) . ~~. " ., ........... . ~~. ~ "'..~ . . '. ~ . .....:: ... '.. 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I ... err iLl ""1 - ~' 0 "'.........""..,..." .. _..... ....",nn&atTS. WI 9t II!""- - ~. - ........ "."".... .. f: III r" D:HIOn IIOVSlIfG . 51 · ~;. [ 0 GJ ~~~~ - ..m""'_1 ..... ~ ~.t:C"'lt IOU" _ I ~ . _ -" I "I ~~ n..... COMM~:RCI^L =:r~- ~ . ~... ....Jr ~ I ~ ~ 7>-~ 0......... · ., I r r "4 . "'UACX ;(00\1"120\"1'...'".... ) y, II! ~ ~ ~ :r~;::...... - on'I<:Y. 1'I19f"-"10""'. I.J :J ~ ~~ ,. - - J. lNIJUS'l'WAJ . Be~ry Gardens...1JrL 1 ~; err [] ro,L.l: 0 UI:,IT "AK~t'''t'nInUlcl , ; Survey Area . -"'" ~ I-L~ UU!II'~ "'~1t J . 'nF isH ~ - AGRlCULTUR~ ....- 0 a~ AI r-- ~ t-- .I\umt " : · I ~ II... =ft . ~ lit- . / . I JJJ ~.il::, PUDLlC AND QUASI- . A ... -" -.. i ~, -,- I'UDLlC' I'ACIUTJES &I! PF',! p..tS; -~ 0 ,. ; n. rr [ Ti~ tI sr...:. RP.LATED I'O.LICY IN f ",..,~.-.... II n. i ....K' ,... .......NT TKXT r- i1 I J 1 ... ft,p ~ RS PF - ~ I' .. . 0 1,1. t1J.., _ J ..fir. ..". ,..111' mr 1111 I .. ~~ ~- .m ~;;- MFI ........ .. an -- IIAY If. ,st, . . = MHP /111 . -~ . , ~ ~ ~--\ ~ -~ - . :tn~ -- 1"'""1 3:f m t] ~~ ...-.&aM.. ,....,. ,Ic.. ,"n .,. - . ICR1W ... III~ II~' .".. ......" IIC"CAOO _ 1..-1..... \-I... .. . _ . TItI.: PROPOSED GENERAL PLAN Scale North Map lAND USE AMENDMENT . ' .... EXhibit C -------- A TT ACHMENT 8 . AIR POLLUTION ~ CONTROL DISTRICT COUNTY OF SAN LUIS OBISPO TO: City of Arroyo Grande Community Development Kelly Heffernon FROM: JaCqUi~ Bean, Air Quality Specialist DATE: June 21, 1999 SUBJECT: Autozone.; CUP 99-005 Distric(staff has reviewed the imiJrmatlOn. containeci!"n mcreteITarirom your o-mce ior a request for a constrUction of a 7,650 square foot masonry building for an auto parts retail business. The properly is located at 1539 Grand Avenue in Arroyo Grande. We .have the following comments regarding this proposal: The project as described in the development application is not likely to exceed District emissions thresholds of significance for construction or operation. However, to address cumulative air quality impacts, we recommend the City to encourage the applicantto include the following mitigations in the project: 1. All glazing to be dual pane; 2. Wall and ceiling insulatioD:. to be upgraded one level from Title 24 requirements;... . ., Appliances, furnaces, water heaters and lighting to be high efficiency -and. energy ~. conservmg; 4. Use solar water heaters . Thank you for the opportunity to review this project. If you have any questions or comments please contact me at 781-5912. H:\OIS\PLAN\RES?ONSE\2079JLB .. 3433 Roberto Court · San Luis Obispo. CA 9340 I . 805-781-5912 . FAX: 805-781-1002 rlp:m::lirl@<;/n:mcd d5t Cd It< .:. WNW slo;tocd.dst.ca.us r- ,- r . -.- c-' A TT ACHMENT 9 CITY COUNCIL MINUTES AUGUST 25,1998 7.A. PUBLIC HEARING - BERRY GARDENS SPECIFIC PLAN Staff comments and recommended action: Staff said the Planning Commission recommended that the City Council adopt a resolution certifying the Berry Gardens Specific Plan Environmental Impact Report (EIR), and deny the Berry Gardens Specific Plan (General Plan Amendment 97 -002 and Development Code Amendment 97-007) and Vesting Tentative Map 2260. Staff, said the Planning Commission recommendation of denial was based on density, lot size, recreational amenities for the "Patio homes," and enlargement of the public park. Council questions of staff: none After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. - The foJlowing members of the public spoke to the Council on this matter: Charles Baker, Applicant - An alternative to ~he project that went before the Planning Commission will be offered. Rob Strong, Strong Planning Services of San Luis Obispo - Asked Council to certify the EIR and approve the General Plan Amendment changing the zoning to single family housing from rural residential; proposed decreasing the density of 191 units to 180 units and creating an average Jot size of 6,600 square feet. Jack Allen of Pacific Palisades -Supported Planning Commission Recommendations. John Mack, Architect - Described neo-traditional style of project and outdoor living space that was created. Colleen Martin of 855 Olive Street - Supported Planning Commission Recommendations. Karl Hogan of 1255 Poplar - Spoke in favor of the proposed project. Jack Hardy, Realtor - Supported the proposed project. Richard DeBlauw of 744 Alta Vista - Supported the proposed project. Tim Brown of 125 Allen Street - Asked Council to describe the mechanism. that allows greater density. Otis Page of 606 Myrtle Street - Thanked developer for concession; asked Council to describe mechanism for greater density. . (-' (' CITY COUNCIL MINUTES AUGUST 25, 1998 Raymond Diefenbrach of 126 Allen Street - Supported Planning Commission recommendations. : Dwayne I?eBlauw of Shell Beach - Supported the proposed project. Ella Honeycutt of 560 Oak Hill Road - City should use s9me of the building fees received from this project to preserve prime farmland. When no one further came forward to speak, the Mayor closed the hearing to the floor. Council discussion: Council Member Fuller - Project is needed; developer has compromised; the General Plan is the mechanism that can be used to change density; supported certifying the EIR, a revised Tract Map, and a Specific Plan that includes 180 Ipts with an average size of 6,625 square feet. Council Member Tolley - City needs more middle-cost housing; agree with Council Member Fuller; support changing .rural residential zoning; 165 lots may be a figure to consider. Mayor Pro Tem Lady -Commended developer and architect for neo-traditional style used; wanted density reduced to below 150 units; praised work of Planning Commission. - . - Council Member Runels - Council encouraged the use of a Specific Plan on the project; rural agriculture land could be saved if more density is allowed on other projects; supported 180 units. Mayor DougaU - First~time homebuyers and lower income citizens can be helped in a Specific Plan; supported 180 units and certifying the EIR; agreed retirees do not want large lawns and gardens. Council Member Fuller moved and Council Member Tolley seconded the motion to adopt Resolution No. 3318 Certifying the Final Environmental Impact report for the Berry Gardens Specific Plan. - Voice Vote. X Roll Call Vote Ave Dougall Ave Lady. Ave Fuller Ave Runels Ave Tolley There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. ~--.._- . .. . - : r (' CITY COUNCIL MINUTES AUGUST 25,1998 Council Member Fuller moved and Council Member Runels seconded a motion to:. 1. Conceptually approve a revised 180-lot project subject to the applicant submitting a revised Specific Plan and Tentative Tract Map; 2. Direct staff to prepare a supporting ordinance and resolution for Council consideration; and 3. Continue .the item to the September 28, 1998, regular City Council meeting. Council Member Fuller requested that staff be directed to set aside some of the park fees for children's playground equipment. Voice Vote X Roll Call Vote - Ave Dougall No Lady Ave Fuller Ave Runels Ave . Tolley There being 4 AYES and 1 NO, the motion is hereby decl~red to be passed. . 8. PUBLIC COMMENT PERIOD The following member of the public spoke to the City Council: Dick Wilkins, Arroyo Valley Car Club President - Submitted letters thanking the Council and Mayor for support of the Car Show. 9. CONSENT AGENDA Council Member Runels moved and Council Member Fuller seconded the motion to approve the following Consent Agenda Items 9.a. through 9.j., with the recommended courses of action. - Voice Vote X Roll Call Vote Ave Dougall - Ave Lady Ave Fuller Ave Runels . Ave Tolley - abstained on 9.f. only (potential conflict of.interest) ,. ~ . , --~. ( (- CITY COUNCIL MINUTES A TT ACHMENT .10 , SEPTEMBER 8,1998 7.A. PUBLIC HEARING - CONTINUED PUBLIC HEARING. ON THE BERRY GARDENS SPECIFIC PLAN Staff recommended Council (1) Adopt Resolutions Approving General Plan Amendment 97-002, the Berry Gardens Specific Plan, and Vesting Tentative Tract Map 2260; and (2) Introduce for first reading an Ordinance to Amend the Zoning Map. After being assured that the Public Hearing had been duly published. and all legal . requirements met, Mayor Dougall declared the hear:ing open and said all persons would be heard regarding the matter. The following members of the public spoke to the Council on this matter: Rob Strong, Strong Planning Services, representing the applicants - said the applicants had agreed to reduce the number of lots .withlotsize to be a minimum of 6,000 square feet; average lot size of 6,600 square feet;; number ofsinglefamliy residences to be 149; 31 patio homes, and total number of units to be 180. Tony Ferrara, representing Concerned Citizens for Responsible Development - said his group was against the high density in the project; the number of units does not agree with the recommendation of the Environmentallmpact Report;' there will be traffic problems; and there are inconsistencies in the Specific Plan and Development Code relating to lot size, lot coverage, parking, open space, and the park. - Tim Brown, 125 Allen Street - said at the last Council Meeting Council Member Fuller was going to make a motion to amend the General Plan without seeing the Specific Plan first. Steve Dorsey - said the park in the project is inadequate and the City has a serous lack of parks and recreation. Kirk Scott, 520 Via Vaquero - said the density of the project is too high. Jack Hardy, Realtor - praised the project; said the community needs ~hese kind of homes, and larger parks are not needed. Otis Page, 606 Myrtle - said this project would be setting the standard. for future slums. Walt McKinley, Avila Beach - said people today do not want big lots and the traffic is taken care of in the project. Lydia Sohard, 352 Alder Street - said other high-density projects have already been approved in the City. ? . .' ( .-. (- CITY COUNCIL MINUTES . ! SEPTEMBER 8, 1998 Richard DeBlauw, 744 Alta Vista ~ said nearby lots in Grover Beach are 6,000 square feet, and there is a park one block away in Grover Beach. Joe Schimandle - said the project was approved by the Traffic Commission; there are other parks near the project; the smaller lots are preferred, and the pro,jectfits into the surrounding neighborhoods. Melissa Watkins, 640 Heritage Lane - praised the project, and said the small lots are in demand. Sue Schimandle ,.... said seniors will like the small affordable lots, and the project is within walking distance of stores and the beach. John Mack, Project Architect - showed the Council the house designs; said t~e homes will be more than 10 feet from the property lines, and. described the various sizes of homes, open space, and lot coverage. He said the patio homes are the densest. Tom Van, 828 Eaton Drive - praised the project, and said retirees want small yards. Derril Plkington, 933 Sandalwood - said newcomers to Arroyo. Grande want to change the City, and there w!1I be no traffic problems or slums. - Karl Hogan, 1255 Poplar - said fair treatment is due these developers. Ella Honeycutt, 560 Oak Hill Road - said the City should put some of the development fees in a fund to save farmland, and there is a need for housing for the young people who do not want to go to college. When no one further came forward to speak, the Mayor closed the hearing to th~ floor. . Council discussion: Mayor Pro Tern Lady said he was concerned ~bout the density of the project, not the lot sizes or home design. He said Council should have negotiated with the developer further. He said if the Council approves the project, assurance is needed that there will be affordable entryMlevel housing and Council should ask that 20 percent of the houses sell for 25 percent of the lowest home's price. He said these homes should be sold to residents who live in the neighborhood. Council Member' Fuller said Arroyo Grande has provided more parkland than. most cities. He said when he ~ ran for office he did not agree with the General Plan. He said a Specific Plan was used on this project. He said affordable housing is required and' the General Plan gives bonus density for this. He said the project is less dense than a lot of the surrounding areas. ':\ -~~-_. -......--..-.----- ------------- ._~ . . .. . " (-. (- CITY COUNCIL MINUTES . , SEPTEMBER 8,1998 Council Member Tolley said he wanted the project to go forward bu~'. an environmentally superior project would have 165 units. He said he had' no . problem amending the General Plan; that the project will not be a slum; the City has fine parks, and the project at Farroll and Elm Streets was approved years ago and is out of this Council's control.- Co.uncil Member Runels said the existing General Plan was put in place to deter growth. He said if the City wants to preserve the land on the hills and the' agricultural land, there is a need to increase density here. He said aU South County citizens use Arroyo Grande Parks. He said at this location the time ~ has come for the land to change. Mayor Dougall said this project has been discussed and planned for eight years. He said the project started with 260 homes and that number has been reduced to 180. He said the City needs the project and it can be used to retain our human . . resources. Council Member Fuller moved and Council Member Runels seconded the motion to adopt Resolution No. 3322 Amending the General Plan Land Use Element and General Plan Map; General Plan Amendment 97- 002 (Applicant: Charles Baker) Voice Vote X Roll Call Vote . Ave Dougall No Lady Ave Fuller Ave Runels No . Tolley There being 3 AYES and 2.NOES, the motion is hereby declared to be passed. Council Member Fuller moved and Council Member Runels seconded the motion to: introduce for first reading an Ordinance amending the Zoning Map of Arroyo Grande; Development Code Amendment 97-007 (Applicant: Charles Baker) Voice Vote X Roll Call Vote Ave Dougall No Lady Ave Fuller Ave Runels No Tolley There being 3 AYES and.2 NOES, the Ordinance is introduced for first reading. A. .--- . " (- (' CITY COUNCIL MINUTES " , SEPTEMBER 8, 1998 Council Member Fuller moved and Council Member Runels seconded the motion to: Adopt Resolution No. 3323 adopting the Berry Gardens Specific Plan' (Applicant: Charles Baker) Voice Vote X Roll Call Vote Ave Dougall No Lady' . Ave Fuller A.ve. Runels No Tolley There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. - Council Member Fuller moved and Council Member Rune'ls seconded the motion to: approve Resolution No. 3324 Vesting Tentative Tract Map 2260 Generally located South of Grand Avenue, East of Oak Park Boulevard, North of Ash Street, and West of Spruce Street. Voice Vote X Roll Call Vote Ave Dougall - No Lady - Ave Fuller Ave Runels No Tolley There being 3 A YES and 2 NOES, the motion is hereby declared to be passed. THE CITY COUNCIL RECESSED FROM 8:30 - 8:40 P.M. 8. PUBLIC COMMENT PERIOD The following members of the public spoke to the City Council: Mr. Brown - said Council Member Fuller misquoted him regarding a motion to approve the Berry Gardens Project. Ms. Honeycutt - said she was disappointed the Council did not take the opportunity to secure low-cost housing in the Berry Gardens Project. She also said if the developer got credit for low-cost housing, she would like to see in writing what he has to do. fi --~- - A TT ACHMENT 11 DRAFT . . STAFF ADVISORY COMMITTEE - CITY OF ARROYO GRANDE , Meeting Notes of MARCH 9, 1999 STAFF ADVISORY COMMITTEE MEMBERS Community Development Department - Jim Hamilton and Tom Buford Fire Department - Terry Fibich . Chief Building Official - Larry Schmidt Police Department - .John Ferdolage Public Works Department - Craig Campbell Parks and Recreation Department - Dan Hernandez I. Oral Communications - None. II. Projects A. 1. Applicant: Auto Zone 2. Representative: Shafik Salamor - CEI Engineering Assoc. - 3. Case Number: Pre-Application 99-003 4. Proposal: The applicant is proposing the demolition of three existing one-story wood frame buildings and construction of a one-story concrete masonry building, parking lot, landscaping, and underground utilities for auto parts retail business (Retail Store, no service bays) 5. Location: 1539 Grand Ave. Mr. Salamor from CEI Engineering Association gave the Committee a brief overview of what the project would entail. He explained that AutoZone Store is a parts story - only. There will be no service bays. AutoZone stores typically employ 7 fun-time staff people and 14 part time; is open from 8:00 a.m. to 10:00 p.m., and receives only 1 shipment per week. Community Director Jim Hamilton voiced ~is concern about the location of the driveway to the future intersection of Cortland and Grand Avenue. Both Mr. Hamilton and the Police Representative, Mr. Ferdolage, suggested that the applicant consider flipping the building to the other side of the lot. Mr. Hamilton felt that it would help with the circulation in the parking lot. Mr. Salamor asked if they were within the setbacks for this project? Mr. Hamilton replied that ~ they were within these setbacks but that some landscaping would be required between the edge of the property line and the building. Craig Campbell, Public Works, suggested that with this move it could give the applicant the opportunity to share one large driveway onto Grande Ave. with whatever neighboring business might be put in next door. This would be preferable to the City rather than several driveways at this site. Mr. Hamilton told the applicant that the City would expect "foresighted" architecture for this structure. - -~ SAC Meeting Notes March 9, 1999 DRAFT Page 2 of 4 Mr. Campbell stated his conditions and concerns: He suggested the applicant get in touch with Terry Orton concerning the right-of-way for construction to Cour:tland. 1. He also suggested that the applicant read the Specific Plan for Berry Gardens regarding the secondary planning area. 2. Mitigate drainage with retention basin. Watedssues are separate from Berry Garden's. 3. Lights should be high-pressure sodium, 5-candle power at the perimeter. 4. Preliminary drainage and grading plans 5. The driveway is 15% slope (ten would be better) 6. Check back to the Berry Gardens Specific Plan with regards to Providing a left turn pocket 7. Relocate overhead utilities ~ underground (overhead at Courtland taken care of by developer) - Dan Hernandez, Parks and Recreation, had the following requests: 1. Tree every 50 feet on the street fronts - 15-gallon preferably. 2. Tree in parking lot for every 5 spaces. 3. Use native species. Mr. Hernandez will provide the applicant a list of trees from the Tree Ordinance. Larry Schmidt, Building and Fire, had the following concerns: 1. One-hour fire wall. - 2. The ap'plicant should have school tax .credits. - 3. Fire sprinklers installed in buijding. 4. Sewer and water hook up are already there. 5. Would prefer to have fire hydrant and driveways in a position so that fire hoses are not stretched across a driveway. B. Applicant: Sakamoto Trust Representative: Sakamoto Trust Case Number: Pre-Application 99-002 Proposal: . Pre-Application review of potential 33 lot residential subdivision. The property has a General PI~n designation of . "Rural Suburban" with a Specific Plan overlay. As proposed, the project would require a General Plan amendment. 5. location: 011 A venue This project would require a General Amendment. The City currently has a requirement that no project needing a Genera n Amendment go through the General Plan Update process. A Specific Plan would also b Dan Hernandez, Parks and Recreation did not like the easeme into the park at Soto Complex because people entering the park at that point would end the Softball Field. . SAC Meeting Notes A TTACHMENJ" 12 April 27, 1999 DRAFT Page 7 48. A current preliminary title report shall be submitted to the Director of pubr Works prior to checking. the map. Prior to recording the map, a c ent subdivision guarantee shall be submitted to the Director of Publ" orks prior to recording the Map. Mr. Campbell asked the applicant to pay particular attention which is the under-grounding of existing utilities. The applicant and the Staff Advisory Committee di ussed the problems with the drainage and worked to come up with a solutio r this issue. There was also some discussion about t parking spaces needed and the fact that the planned spaces did not alloweno room to back out of them with ease. Kelly Heffernon commented t t they only needed 4 quest parking spaces. It was. suggested that theyredu the number of quest spaces they had planned on and widen the existing sp. es. This would make it easier to back out of the planned spaces. . t, Fire and Building had the following issues: Because of the proximity of the existing carports the garages will have to have firewalls. 2. The back 6 units will have to be sprinkled. The Applicant and Chief Fibich talked of the possibility of putting 'sprinklers in the front two homes as well. This would eliminate the necessity for installing a fire hydrant. . C. 1. Applicant: Auto Zone 2. Representative: CEI Engineering 3. Case Number: Conditional Use Permit 99-005 4. Proposal: Construction of a 7,650 square foot masonry building, concrete parking lot, and landscaping for an auto parts retail business. 5. Location: 1539 Grand Avenue - Rob Strong, representing the applicant, explained that the original design "has been revised based on the comments from the previous SAC and ARC comments. Craig Campbell, Public Works presented the follo~ing DRAFT Conditions of Approval: GENERAL COMMENTS: 3. The project is within the Berry Gardens Specific Plan area. It is Subarea 4 of the Specific Plan. 4. This project may be constructed prior to Subarea 1 of the Specific Plan. This means that the Courtland Avenue improvements"will not be constructed yet. 5. The stormwater basin size. needs to be verified. ~~ SAC Meeting Notes April 27, 1999 DRAFT Page 8 6. The site plan needs revisions as follows: C. Show concrete gutters along the ease edge of the parking lot. D. Avoid the concentrated flow over the driveway to Courtland. E. Show the future Courtland improvements, right of way, street tree and utility easements. The future right of way needs to be revised. F. Possible basin resizing. . , CONDITIONS: 49. The applicant shall comply with the Berry Gardens Specific Plan. 50. Prior to the issuance of a building permit, the site plan shall be redesigned to provide the following modifications: A. Show concrete gutters along the ease edge of the parking lot. - B. Avoid the concentrated flow over the driveway to Courtland. C. Show the future Courtland improvements in conformance with the conditions of approval for Tract 2260. The future right .of way needs to be revised. D. Show the right of way, street tree and utility easements. E. Possible basin resizing. 51. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these -conditions of approval. - - 52. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 53. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 54. All grading shall be done in accordance with the City Grading Ordinance. . 55. Prior to issuing a building permit: (Mitigation B1) The stormwater basin on shall be designed to store runoff from a" 1 OO-year" rainfall event. The basin shall be sized to store the runoff from either a 24 hour storm, or from extended rainfall patterns with consideration for the percolation rate (6 inches per day), whichever requires the larger volume. For the purposes of this condition, the rainfall pattern from the winter of 1997-98 may be used as the basis for the extended duration analysis. 56. The stormwater basin shall be designed and constructed to Public Works Department requirements, and the following: A. The basin design shall include a minimum freeboard of 12 inches. SAC Meeting Notes DRAFT April 27, 1999 Page 9 B. The basin shall be fully constructed and functional prior to occupancy for the building. C. The basin shall be privately maintained. . D. The basin shall be fenced around the perimeter. The Community Development Department shall approve the fencing. 57. All new public utilities shall be installed as underground facilities. 58. Prior to approving the building permit within the project for occupancy, all public utilities shall be operational. 59. All improvement plans shall be submitted to the public utility companies for and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 60. The applicant shall pay all applicable City fees at the time they are due. - 61. Upon approval of the improvement plans, the applicant shall provide a reproducible Mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible Mylar's, and 2 sets of prints of the approved record drawings (as built). 62. All easements, abandonments, or similar documents to be recorded asa document separate from a map, shall be prepared by the applicant on 8 Yzx11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 63. A preliminary soils report shall be prepared by a registered Soils Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 64. Prior to issuing a certificate of occupancy, right of way shall be dedicated for Courtland Avenue. The right of way shall be consistent with the requirements and conditions of approval for the Berry Gardens Specific Plan and Tact 2260. 65. Prior to issuing a certificate of occupancy, a Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 66. Prior to issuing a certificate of occupancy, street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. .- SAC Meeting Notes April 27, 1 999 Page 10 67. Prior to issuing a certificate of occupancy, the applicant shall replace any damaged curb, gutter, and sidewalk, and shall replace any abandoned driveway approaches with new curb, gutter and sidewalk. 68. Prior to issuing a certificate of occupancy, the existing water and sewer services shall be abandoned per the requirements of the Director.of Public Works. 69. Prior to issuing a certificate of occupancy, the existing overhead utilities shown on the attached Exhibit A shall be c(;mverted to underground facilities. 70. The applicant shall post a bond to guarantee the completion of Courtland Street improvements along the property frontage. The applicants responsibility shall be to complete any unconstructed improvements on the east side of the road, including widening on the east side to the full width, - and constructing curb, gutter, sidewalk and street trees in conformance with the Specific Plan and the conditions of approval for Tract 2260.' Mr. Campbell also discussed the possibility of putting the two poles along Grand Avenue underground. He asked the applicant to please not Condition Number 16 concerning dedicated easements. Larry Schmidt, Fire and. Building reminded the representative that the applicant had agreed to put fire sprinklers into the building. .- - Dan Hernandez, Parks and Recreation stated that: 1. He would like to see a formal, and clearer, landscape plan. 2. He also asked that the Palm trees that were planned for the front of the proje~t are changed out and a more appropriate tree is planted. 3. That linear root barriers be use at the front of' the project to protect the sidewalks. 4. He would like the street front trees to be 24-inch box. The rest of the trees are fine as 15 gallon. . Applicant: Sakamoto Trust Representative: Jim McGillis Case Number: Pre-Application 99-006 Proposal: 24 lot subdivision ation: Farroll Avenue Kelly Heffernon, Community lopment, briefly discussed the project and reminded the applicant of some of the com me the SAC had made during their pre-application ~creening. 1. The bike and walkway path through to ark required some modification. 2. Should the parking be restricted on streets a Dan Hernandez, Parks and Recreation, had the following questions arid conc --".-.- A TT ACHMENT 13 Architectural Review Committee Notes DRAFT. March 22, 1999 Page 2 of 5 told the Committee that the sign incorporated the corporate logo for cuts. Chair Hoag stated that he would like to see an enlargement 0 e sign plans so it would be possible to see where the sign was located the building. He was concerned because the applicant was not in atte ce to answer questions and it was not clear exactly how the sign fits on building and where it fits from the plans that were submitted. The Committee discuss e project and decided that before they could make a decision t would need more information from the applicant. They muing the item to another meeting. They asked Ms. . Heffe to contact the representative for Central Coast Neon to see if it s possible to be at the rneeting when the project was discussed. This way if the Committee had questions someone would be there to answer. them. - B. 1 . Applicant: AutoZone 2. Representative: CIE Engineering Assoc. 3. Case Number: Pre-Application 99-004 4. Proposal: The Applicant is requesting cornrnents frorn the ARC Committee concerning construction of a one- story concrete masonry building, parking lot, landscaping, and underground utilities for. auto ~ parts retail business (no service bays) 5. Location: 1539 Grand Avenue - - The representative from CIE Engineering Association spoke to the Committee. He explained that AutoZone was looking to develop the front of the project lot only. When the project was before the SAC they had asked if Autozone could share a common driveway with the neighboring property. He explained that a shared driveway would involve negotiations with the neighbors and that had not been settled at this time. Chair Hoag stated that the project site would require a lot of fill to bring the floor elevation to the same grade as the sidewalk. The applicant further explained that there would not be any windows on Grand Avenue and that the colors would be beige/dark beige. Craig Smith stated that he like the loo~s of the back of the building and the 2 dominant elevations architecturally. The Comrnittee discussed the look of the building fro.m the Grand Avenue side. They suggested to the applicant that landscaping could help soften the physical appearance of the building. David Sachson stated that he would like to see the elevations modified to make the building more human in scale. Something to break up the scare such as arches or -,-. ,_.-._---.~- ---~,..--- - -.,---.-.,,'-. Architectural Review Committee Notes DRAF..T March 22, 1999 Page 3 of 5 something like that. Jamie Ohler felt that the building looked too much like a warehouse. Chair Hoag summed up the Committee's comments and concerns as follows: 1. More components on the front elevation - scale is an issue 2. More mature plants and trees used in the landscaping 3. East elevation - windows at the corner 4. Use a combination of berms and landscaping 5. Beige and brown will work well on the building . AJI Supercuts Sign The Comrnittee came back to Item A.II, the signage for..superCuts..inthef=ive Cities Center. It was decided that the Committee would vote 'on approval of the sign with the understanding that Ms. Heffernon would assure that the'sign elevation s consistent with previously approved signs in the center: Craig ith rnoved to approve the application for Administrative Sigh Perrnit 99- 004, for upercuts with the condition that the sign be the Supercuts "trademark sign" simil to the drawing submitted. Chet Kielan seconded the. motion. The motion was a roved unanimously. - c. 1. Applican . Quarterdeck Restaurant 2. Representat Craig Smith 3. Case Number: Conditional Use Permit 98-572 4. Proposal: he Applicant is proposing approval for c struction of an outdoor dining patio and rem el of the restaurant entrance. 5. Location: Oak Pa Plaza Committee Member Craig Srnith ste ed down for this item, as he is the representative for the Quarterdeck Restau nt. Ms. Heffernon explained to the Committee tha he applicant proposes to construct a 4,400 square foot patio addition to the rear of e property including a stage for outdoor entertainrnent. and a 126 square foot additi to the front entrance/waiting area. Also proposed are two, eighteen (18) feet ta canopy poles with canvas retractable covers and a pennant pole that extends a ove the roofline of the restaurant. Heidi Schmitt, applicant, was present to answer any questions t Committee may have. She stated that the restaurant served seafood and. they w ted to portray that on the outside of the building with this addition. The Comrnittee discussed the height of a proposed wood piling retaining " that would enclose the outside patio. David Sachson asked if the grade outside th wall ~-------_..~. A TT ACHMENT 14 NOTES CITY OF ARROYO GRANDE ARCHITECTURAL REVIEW COMMITTEE MONDAY, MAY 3, 1999 The meeting of the City of Arroyo Grande Architectural Advisory Cornrnittee was called to order at 1 :30 p.m. Present were Chair Warren Hoag, and Cornmittee Mernbers Chet Kielan, Craig Smith and B. David Sachson. Also present were staff members Kelly Heffernon and Kathleen Fryer. I. Oral Comrnunication II. Election of Vice Chair was postponed until Committee Member Smith's arrival. III. Projects . A. 1. Applicant: Autozone - 2. Representative: CEI Engineering 3. Case Number: Conditional Use Permit 99-005 4. Proposal: Construction of a 7,650 square foot building for an auto parts retail business. 5. Location: 1539 Grand Avenue Kelly Heffernon, Associate Planner presented the Staff Report to the Committee. The Applicant had submitted a pre-application that had been reviewed by both the ARC - and the SAC. The applicant has since submitted revised plans for a Conditional Use - Permit with a Planned Sign Prograrn. . . The revisions that have been done include: . The north elevation on Grand A venue has been changed architecturally to . be more aesthetically pleasing. . The Palm trees on Grand have been rnoved to the back of the project. Ken McCoy of CEI s.poke briefly to the Committee explaining the changes to the north elevation, including installing trellises on the side of the building which could then be covered with plants. Mr. Sachson inquired if there was an irrigation system for the pl.ants that would be growing on the trellises? Mr. McCoy replied that there was a landscape plan for the entire project with an irrigation system . He will check to make sure this system ~ould include the trellis areas. (Committee Member Smith arrived) Mr. Sachson asked about the utilities at the back of the b.uilding and could the gas meterbe put there also? He also asked if the roof elevations would be high enough to screen the mechanical equipment that will be installed there? . He then asked for a clarification of CMU #5 with regards to the finish on the building. What is a smooth finish? --~"-"--'- -----_.~---_.~_.- . . Architectural Review Committee Notes May 3, 1999 Page 2 of 8 I Mr. Kielan would like clarification of what CMU #6 is also. Chair Hoag thought the project with revisions was a great improvement from the pre- application that had been submitted. He asked if the Planned Sign Program complied with the Development Code? Ms. Heffernon confirmed that it was in compliance. Autozone was not using the total . square footage allowed and could have asked for bigger signs than they have. Chair Hoag commented that it was logical to have a sign on the front of the building and that the signage is not excessive. Finally, the area and height of the monument sign is below what is allowed by the Planned Sign Program. David Sachson moved that the building drawings and the sign drawings'as submitted by CEI for Condition Use Permit 99-005 be approved as per the following 'conditions: 1. Permanent irrigation for the plantings around the trellis. 2. Sprinkler riser tucked behind wall. 3. Finish materials for items 5 and 6 need to be clarified. 4. Equipment on top of the building will not be higher than the parapet. 5. Sign contractor's logp should be placed out of sight on the signs. Craig Smith seconded the motion. The motion was carried unanimously. The Committee asked that, when the clarification is made on the type of wall material to be used, that decision be brought back to them as an information item on the agenda. B. 1 . Applicant: Joe DeLucia 2. Representative: Joe DeLucia 3. Case Nurnber: Conditional Use Permit 98-567 4. Proposal: The Applicant is requesting a review by the ARC of suggested rnodifications to th~ project. East Branch and Wesley Streets ~ Kelly Heffernon, Asso . te Planner, informed the Committee that Mr. DeLucia had asked for this hearing to discuss the lIowing 1. Modifications to the ss storefront and doors of building D. 2. Change in building colors. 3. Reconsideration of the amou . of metal canopies that are incorporated into the project and where applicable, m . ize 'or eliminate a large amount of these features. 4. Consideration of a wrought iron fencing ar immediately adjacent to Building D. {Meridian} that will be used for outside merchan . ing. The applicant had conceptually described the modifications at t and was asked by the Committee to return. Mr. DeLucia explained the proposed modifications to the Committee. ARROYO GRANDE PLANNING COMMISSION A TT ACHMENT C MINUTES JULY 6, 1999 Page 1 of 16 CALL TO ORDER Chair Greene called the regular meeting of the Planning Commission of the City of Arroyo Grande to order at 7:00 p.m. ROLL CALL LCommissioner Costello - Commissioner Keen 1L-Commissioner London 1L- Vice-Chair Parker 1L- Chair Greene MINUTE APPROVAL The minutes of the Planning Commission meeting of May 4, 1999 were unanimously approved on a motion of Commissioner London, seconded. by Vice- Chair Parker with the following corrections: . Chair Greene stated that on Page 5 the name of the landscape architect should be Ms. Florence; delete the words "redwoods" and. replace with "ironwoods". . Commissioner Parker stated that the name on page 8 should be C.Z. Brown; the second paragraph on page 7 should be reworded to make the meaning clearer. ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS 1. Memorandum from Henry Engen concerning James Way Annexation and School Facilities Time Schedule. PUBLIC HEARING ITEMS BERRY GARDENS SPECIFIC PLAN AMENDMENT 99-001, CONDITIONAL USE PERMIT 99-005, PLANNED SIGN PROGRAM 99-001; AMENDMENT TO. SUBAREA 4 OF THE BERRY GARDENS SPECIFIC PLAN AND CONSTRUCTION OF A COMMERCIAL BUILDING FOR AN AUTO PARTS RETAIL BUSINESS; APPLICANT: AUTOZONE; LOCATION: 1539 GRAND AVENUE Kelly Heffernon, Associate Planner reviewed the staff report dated July 6, 1999. She informed the Commission that the proposed project is located on the South Side of Grand Avenue in Subarea 4 of the Berry Gardens Specific Plan. The City Council approved the Berry Gardens Specific Plan and Tract Map on September 8, 1998. The Specific Plan divided the property into 4 subareas and only addressed development and design standards for the residential portion of Subarea 1 . Subareas 2, 3, and 4 are subject to a Specific Plan Amendment prior to any development approval. -------- ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 2 of 16 The proposed Specific Plan Amendment basically summarizes development standards for the Commercial Zoning District and specifies sorne of the project details related to circulation, drainage, and public street improvements. The applicant is proposing to develop only 1. 5 acres of the front half of the property at this time. The remainder would stay vacant until such time as the property owner submits and is approved for another project. The Berry Gardens Specific Plan addressed infrastructure needs for all 4 subareas including a water and sewer Master Plan to insure that future development of subareas 2, 3 and 4 can be accommodated. The applicant will be responsible for constructing a portion of the Courtland Street extension along the property frontage as well as frontage improvements along Grand Avenue. Both the undergrounding of utilities and construction of Courtland Street will be phased and coordinated with the development of Berry Gardens Subarea 1. The Conditional Use Permit is to allow construction of the commercial building as well as a drainage basin for the entire parcel. The proposed project meets all Development Code standards for development. The applicant has proposed to install three (3) wall signs and 1 twelve-foot high monument sign. The aggregate sign area is 274 square feet which requires approval of a Planned Sign Program. Ms. Heffernon stated that the height of the signs had been brought to her attention by Commissioner Keen. Although unable to come to tonight's meeting, Commissioner Keen had contacted her and felt that viewed from Grand Avenue, which is the north elevation, the signs on the west and east sides dominate the building. The Staff Advisory Committee and the Architectural Review Committee have reviewed the project and recommend approval. Commissioner London asked if the chain link fence around the drainage basin was standard? It would be visible from Courtland and would not be very aesthetically pleasing to look at. Craig Campbell, Public Works, told Mr. London that the fencing was typical. However if the Planning Comrnission wanted to they could condition a different type of fencing material. ~,--,-,--~-'--~_._-"---------~~""--""'- ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 3 of 16 Vice-Chair Parker had questions concerning the figures in the traffic report for the project. She stated that on page 6 under Traffic Circulation. there was an estimated 83 ADTs based on Staff calculations of peak hour trips from the ITE Trip Generation Manual. She asked if this included one trip in and one trip out equaling one trip or one trip in and one trip out equaling two trips? Mr. Campbell stated that one trip in and one trip out equaled two trips. Ms. Parker asked if this meant that staff was saying that AutoZone would have 42 customers a day minus delivery trucks and the like? This seemed like a very small number to her. Ms. Heffernon explained that this was based on the latest edition of the manual, which had figures for an auto parts store, and then staff added the peak morning and afternoon figures. This would add up to 42 customers per hour. Ms. Parker then asked at what point the 83 ADT's per hour would necessitate a mitigation measure? She stated that according to the staff report there was no anticipated impact to the LOS. Ms. Heffernon replied she had used a comparison of Wayne's Tire and according to that comparison there would not be a significant impact. . Ms. Parker had a question about Condition of Approval No. 50. The COr.ldition states that "Prior to issuance of a building permit, avoid concentrated flow over the driveway to Courtland". She asked if when the City uses words like avoid or impossible, is this something that the City is suggesting or sornething that the City is specifying that would actually need to be followed up on? Mr. Campbell replied that what he meant in this instance was the need for certain specific items that would need to be addressed when the final irnprovement plans are subrnitted. The one that Ms. Parker had mentioned, concerning the concentrated flow, meant that the applicant needed to put a culvert under the driveway. The basin resizing meant that they did not justify the basin shown on their plans with calculations. It is a way of identifying in the Conditions that this needs to be done. Ms. Parker asked if what Mr. Campbell was saying was, for instance, with the basin resizing possibility, the applicant would come back at a later date and Mr. Campbell would determine whether or not the basin needed to be resized? ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 4 of 16 Mr. Campbell replied that the size and criteria of the basin is built into the Berry Gardens Specific Plan and the applicant needs to follow the formula. Vice-Chair Parker stated that she was confused about the plans she had received for the Planned Sign Program. She asked if the version she was supposed to be considering was Attachment B-6? Ms. Heffernon replied that Attachment B-6 was correct. Commissioner Costello asked if the 1.5 acres the applicant was developing included the retention pond? And if this was true, was the retention pond large enough to meet the 100 year storm standard? Mr. Campbell stated that the basin would be large enough. Mr. Costello asked if the pond needed to be enlarged, could the developer simply . make it deeper? Mr. Campbell replied that there were limits to doing that. Chair Greene opened the Public Hearing. Shafik Salamor of CEI Engineering, representing AutoZone, spoke to the. Planning Comrnission. He discussed some of the issues that the Comrnissioners had brought up. . He stated that one of the things being planned around the retention basin was some sort of screening done with trees and shrubs. . AutoZone figures on 30 to 40 trips a day per 1,000 square feet of store space. . Regarding the size of the basin, the correct size will be shown on the preliminary grading plans. . The culvert and 6 inch pipe in the driveway has been added to the plans. . In response to Commissioner Keen's concerns about the signage, he would be willing to drop the height of the signs by one foot. However, he would like to keep the sign on the west side of the building at the same height so the sign would be visible from Grand Avenue. Mr. Salamor was concerned with Condition No. 67 and the wording that obligates Autozone to complete all improvements along Courtland if Berry Gardens Specific Plan does not go through. He would like to revise the Condition with specific language that would clearly indicate what AutoZone was obligated to. ~___..__._._ u___ ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 5 of 16 Commissioner Costello asked why the landscaping was only on three (3) sides of the retention basin, leaving the other side open? He also asked if the applicant had any specific plans for the remainder of the property? Mr. Salamor replied that they hoped the future developer would take care of that side, but AutoZone would landscape that side as well if the Commission wanted them to. Also, the applicant had no plans for the development of the remainder of the property. Vice-Chair Parker asked if the applicant was intending to have a chain link fence and shrubs around the retention basin, or just shrubs? Mr. Salamor replied that there would be both a fence and landscaping. Corn missioner London asked the applicant if they intended to put in an irrigation system too? The applicant replied that there would be irrigation. Ms. Heffernon stated that according to Exhibit 14 for the Berry Gardens Specific Plan, a six-foot iron and block wall fencing is required. Mr. Campbell stated that according to the Conditions of Approval the fencing is subject to the approval of the Community Development Department. Peaav Carmichael. owner of the property east of Courtland, stated that she wanted verification of what was going to happen on the street improvements to Courtland Street and how far it was going to be improved? Mr. Campbell stated that Condition of Approval No. 67 addresses this question. What this condition was trying to do was to cover a couple of unlikely, but possible scenarios. He first explained how this project relates to the Berry Gardens project. He stated that the Berry Gardens project was conditioned to construct Courtland Street from the Berry Gardens boundary, across the frontage o~ this project, and the Carmichael property up to Grand Avenue, to build two-thirds of the road. A curb, gutter and sidewalk, pavement to one side and one lane beyond was to be ~ installed. This is the normal code requirement for the extension when the project is on one side of the street and does not need full use of both sides of the street. The Berry Gardens conditions did not specify which two-thirds they needed to build. Since then Mr. Campbell stated that he had been informed that they have completed negotiations with the owners of the AutoZone property and have a pending agreement to acquire that right-of-way. They have subrnitted a grading plan, which Public Works has reviewed, and they will resubmit soon for two-thirds ---------.-.. ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 6 of 16 on the west side. However, staff understands that the best plans do fall through, and eventually the Berry Gardens might not go through. Then, Public Works would be faced with AutoZone developing without somebody else building the road for them. Public Works has to develop a plan for this situation. Most comrnonly, they would condition the applicant to construct their improvernentsalong the frontage. In the case of an undeveloped road the City code calls for the applicant to build the two.thirds on their half. Mr. Campbell stated that this condition attempted to address this scenario. He further stated that the third scenario that is foreseeable is that Berry Gardens might build the other two-thirds of their road leaving the AutoZone portion unbuilt. Public Works would then want AutoZone to build their part. The wording in the Conditions of Approval for this project was Mr. Campbell's atternpt at solving any situation. Mr. Campbell explained the wording in the Condition to the Planning Commission. Commissioner London asked if the applicant was required to complete the road the entire length of their property or just the half they are building on now? Mr. Campbell explained that the condition did not speak to that. He would say that it would be appropriate to do the part that they are constructing; however it would be unusual not to develop the entire frontage. Commissioner Costello questioned Condition of Approval No. 67. If Phase 1 of Berry Gardens does not occur, do the improvements still have to be constructed? ~ Mr. Campbell stated that the improvements for AutoZone would still have to be accomplished. Rob Strona. a Planning Consultant stated that he was in attendance at tonight's meeting prirnarily because he had worked on the Berry Gardens project. He felt . staff had done a good job in addressing some of the contingencies. and had addressed all possibilities. for anything with the project. If AutoZone for some reason is the only developer, it seems logical that they would construct their portion of the street. He does not feel their responsibility for a signal would be warranted. The residential area of Berry Gardens would generate the traffic that would be responsible for the signal. He appreciated staff's suggestion that the basin fence would be consistent with the Berry Gardens Specific Plan. Chair Green closed the Public Hearing. -- ------------------ ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 7 of 16 Mr. Campbell informed the Planning Commission that when they were considering Condition Number 67, keep in mind that there is very similar wording in the Specific Plan Amendment on pages 5 and 6. He would suggest that if the Commission made any changes to Condition Number 67, they would direct staff to make similar changes in the Specific Plan. Vice-Chair Parker stated that for safety reasons the drainage basin would have to have a fence. She appreciates the applicant putting in the shrubs and trees around . it to make it look better. With regards to the signage, she agrees with the staff recommendation that since the store has frontage on both Courtland and Grand Avenue, a sign on each side would be appropriate. Further she feels the sign size is alright. The tota.1 signage is under 10% of what the Planning Corn mission can allow so she has no problem with that. Commissioner Costello had no problem with minimal overage on the signage. He felt the developer might have some risk involved with the development of Courtland Street, but if the developer was not concerned with it, it was fine with him. Secondly, he felt the same as Ms. Parker and wanted to have the fence around the retention basin, but was also glad to have the landscaping as well. He wondered about putting another auto parts store in town, but overall he had no problem with this project. Commissioner London stated that he felt this was a good project and as long as the wording is changed concerning the fencing around the retention basin, he is fine with the project. Chair Greene pointed out that tonight's hearing is for the purposes of making a recomrnendation to the City Council and that it is not up to the Planning Commission to approve this project. He stated that because it is a Specific Plan Arnendment request he was going to take a different position than the other mernbers of the Planning Commission. He stated that with all due respect to Mr. Salamor and to AutoZone, he cannot support the project. He stated that his focus was on the broader issues and he would like to take a moment to explain his thinking so that those who will make the final decision on the project can at least consider his viewpoint. He went on to explain that those who were present during the Berry Gardens public hearings would remember that he was opposed to the Berry Gardens Project, specifically based on concerns with the density. He did express however, on several occasions, his admiration for the design of the project; the neo-traditional features of the homes, the way in which the project itself seemed to emphasize a ------ ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 8 of 16 small town and pedestrian feel, which he really liked. He thought that overall the project could be the best residential district in the city. So, in keeping with his feelings about the qualities of the project, he looked at the request to develop a discount auto parts store on the flagship corner of Courtland and Grand. This corner will probably be the main entrance in and out of the Berry Gardens and he felt this project would not be one that met the high standards that should be set in the City of Arroyo Grande. Mr. Greene stated that he was concerned about the subdivision of the parcel. He feels that when you take the prime corner of the parcel and develop it, leaving the second half vacant, it will be much more difficult to find a tenant that will occupy that portion of the parcel. He was hoping that whatever developer looked at this parcel would do this in its totality and not in piecemeal fashion. In addition, in the staff report it states, on page three of ten of the Specific Plan Arnendment, that Specific Plan Subarea 4 objectives include, Uto provide for the general shopping needs of area residents and workers with a variety of retail and cornmercial services". Typical uses include but are not lirnited to general retail, food rnarkets, commercial services, ...". As Commission Costello pointed out there are general auto parts stores very close. So, by permitting the developrnent of this parcel we are not providing for the general shopping needs of area residents we are simply adding one more auto parts store. With no disrespect to the AutoZone store, he considers the inclusion of a discount auto parts store on this corner to be a less than satisfactory addition to the Grand Avenue shopping corridor. Mr. Greene stated that this parcel was within the redevelopment district. The redevelopment district was enacted as a way to provide incentives to property owners to be imaginative in the development of the Grand Avenue corridor. This is the western gateway to the City. He felt that the City should be looking for developments for the parcels which are specialized and unique, and enhance the economic vitality of our city. He does not see AutoZone as providing economic enhancement for the City. He went on to say that if the parcel in question is subdivided all the City is doing is creating srnaller parcels that are less capable of sustaining vital economic growth and success. He has grave doubts about approving this project, not because it fails to meet the Development Code standards, but he feels this is a policy issue and the City Council should be looking at broader uses. He felt the City should be combining parcels, not dividing them, building large types of uses on these parcels and not reducing them, looking for complimentary uses not competitive ones. The City should be looking for the kinds of developments that will make the people who ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 9 of 16 live in Berry Gardens proud of the fact that they drive by the store. He does not see AutoZone as the kind of gateway that people would want to pass by. Finally, Mr. Greene stated that because this is a Specific Plan Amendment the Planning Commission is vested with the authority to exercise their discretion on these issues and not simply determine whether the project meets the minimum thresholds of the Development Code. In his judgement the project does not rise to the General Plan purposes and objectives for this area and it does not rise to the Specific Plan purposes and objectives. He would like to see sornething on this parcel that would meet the needs of the City. He would like to see some discussion between the property owners and some unity reached for development of all of the remaining parcels. Vice-Chair Parker stated that her initial reaction for this project was to look to see that it rnet the Development Code standards.' To look at the project in the way Chair Greene was doing had not occurred to her. As she understood what Mr. Greene was saying, that because this was a recommendation to City Council and because this is a Specific Plan, he felt it should meet the requirements of the Specific Plan. She asked if this was what Mr. Greene was saying about this project? Chair Greene referred. Ms. Parker to the resolution for the amendment of the Specific Plan. On page 2 it states that the City Council rnust find that the amendment is consistent with the goals, objectives and policies of the General Plan. Another finding is that the amendment will result in a superior development to that which would occur using standard zoning and developrnent regulations. He believes that this language gives the Planning Commission the right to exercise their discretion. Vice-Chair Parker asked Staff if their interpretation of the purposes and objectives of a Specific Plan differed from the General Commercial zoning standards? As Planning Commissioners should they be viewing this differently because it is under a Specific Plan? Henry Engen, Interim Planning Director stated that the General Commercial zoning in the Development Code allows for a wide range of uses. This is one of the reasons that there is the use permit process so that each use can be looked at as it comes along. Community Development looks at each project as it comes in and if it is allowed by the General Commercial zoning, then staff deerns it appropriate. There is no definite structure to the zoning. ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 10 of 16 Vice-Chair Parker asked if there had been meetings with regard to the redevelopment district? Mr. Engen replied that this was just getting started. Commissioner London stated that he was under the impression that looking at the kind of business that was being proposed was not the Commission's concern. The important issue was that it was in compliance with the General Plan and Development Code. From this discussion he realizes that it is possible for the Commission to look at this from a philosophical standpoint, does the City need another auto parts store? His question is now, what 'responsibility does the Commission have to question this now? Cornmissioner Costello stated that he was not familiar with the entire language in the Berry Gardens Specific Plan. Mr. Greene had rnade sorne very compelling arguments for this. In principal if the language that was being proposed was not so specific, he might not be inclined to support Mr. Greene's position. But it is very specific, so in those terms it does seem contrary to the Specific Plan. It does make sense to look at the entire project, all four subareas, in their totality. Vice-Chair Parker stated that in the General Commercial - Specific Plan conditions where it says that the Specific Subarea shall allow one commercial establishment per legal lot. Is this one legal lot? Ms. Heffernon stated that what the Commission had before them was one legal lot. They would have to apply for a lot split to develop the second half. The Planning Commission discussed how best to vote on the Resolutions, bringing their comments, concerns, and recommendation to the City Council. Vice-Chair Parker asked if the Commission could bring their concerns and objections to the City Council without voting on the resolutions. Mr. Engen stated that they did not have to vote on the resolutions. The Comrnission could recommend whatever they wanted and it would be taken to the City Council. Vice-Chair Parker rnoved that the Planning Commission supply our objections and concerns with the project and send them to the City Council without taking a vote on the resolutions. Commissioner London seconded the motion. --_.-.--- ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 11 of 16 Commissioner London stated that this would say' that it meets the criteria of the Development Code, but it does not meet the overall objectives of the Specific Plan. Vice-Chair Parker felt that if they voted yes on the resolutions but adding their concerns, it would say that the Commission felt that this was a good project, but we would like the concerns addressed. If the Commission votes no on the resolutions with concerns, what kind of a message does it send? Chair Greene felt that the Resolutions should be voted on as a recomrnendation to the City Council because, as staff had pointed out, these concerns would be noted and would be sent on to the City Council. He did not feel they needed to do anything other than vote on the resolutions. The motion was voted on and defeated 3 to 1 by the following vote. Roll Call Vote No Commissioner Costello Absent Commissioner Keen Ave Commissioner London ...NL Vice-Chair Parker ...NL Chair Greene Vice-Chair Parker moved that the Planning Commission reject Resolution No. 99- 1701 concerning Specific Plan Amendment Case No. 99-001 with Conditional Use Permit .99-005 with recommendations to City Council. Specifically excluding resolution 99-1703. Corn missioner London seconded the motion. Commissioner Costello wanted to note that his decision on this was based on the specific language within the Specific Plan Amendment. Vice-Chair Parker stated that she had a problem with General Commercial-Specific Plan Condition Number 1 permitting conditionally allowed uses allowing one commercial building per commercial lot. She felt an entire plan should be submitted or a lot split application submitted first. Chair Greene felt that for the purposes of clarity and simplicity and staff reporting, that the most effective way to achieve what appears to be a majority result on this issue would be for the Commission to move that we either adopt or do not adopt . ---------------- ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 12 of 16 the three resolutions as separate issues. He felt for simplicity's sake that the Commission should vote no on this amendment. The motion was voted on and defeated 4 to 0 by the following vote. Roll Call Vote ~ Commissioner Costello Absent Commissioner Keen No Commissioner London Ave Vice-Chair Parker No Chair Greene Chair Greene moved that the Planning Commission reject : Resolution No. 99-1701 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE BERRY GARDENS SPECIFIC PLAN AMENDMENT CASE NO. 99-001, APPLIED FOR BY AUTOZONE, INC., LOCATED AT 1539 GRAND A VENUE. Commissioner Costello seconded the motion. Roll Call Vote Ave Commissioner Costello Absent Commissioner Keen Ave Commissioner London Ave Vice-Chair Parker Ave Chair Greene Cornmission Costello moved that the Planning Commission reject: RESOLUTION NO. 99-1702 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITION USE PERMIT CASE NO. 99-005, LOCA TED AT 1539 GRAND A VENUE, APPLIED FOR BY AUTOZONE, INC. Roll Call Vote Ave Commissioner Costello Absent . Commissioner Keen Ave Commissioner London ---- ---- - --- ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 13 of 16 Ave Vice-Chair Parker Ave Chair Greene Commissioner Costello moved to reject: RESOLUTION NO. 99-1703 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 99-001, APPLIED FOR BY AUTOZONE, INC., AT 1539 GRAND A VENUE. Comrnissioner London seconded the motion. Roll Call Vote Ave Commissioner Costello Absent Commissioner Keen Ave Commissioner London No Vice-Chair Parker Ave Chair Greene NON-PUBLIC HEARING ITEMS None DISCUSSION ITEMS None PLANNING COMMISSION ITEMS AND COMMENTS Commission London reported on the second meeting of the Economic Task Force. They are atternpting to come up with a theme and will be setting a schedule for future meeting. The Task Force had met with a company that was looking for 10 acres within the city limits for development. There was no such land within the city limits and there was some discussion about possibly working out a deal with the school district. Chair Greene announced that the City will be interviewing applicants for the Cornmunity Development Director position. There are three applicants and he will be sitting on the oral board for this position on Friday, July 9, 1999. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP REPORTS. Mr. Engen stated that the James Way Annexation/School Facility timetable was included in the Commissioners packet. He explained that after the City Council ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 14 of 16 rejected the Environmental Impact Report on that project the project applicant and the school district got together and have struck a tentative deal to develop a school site as part of the property. As time is always of the essence, the Department has put together a timetable to make sure the project stays on tract and is completed as quickly as possible. Commissioner London asked if there was discussion about the school site before the Planning Commission heard the project? Mr. Engen replied that this discussion did not come up until after the City Council had voted on the project. Vice-Chair Parker commented that a school site was brought up at the time of the project and Gary Young said the school had approached him for a school site. The school was looking at a different section of the project for a school site and they had decided that there would be too much land moving so they rejected it. Chair Greene commented that at the Planning Commission hearing on the project, Perry Judd from the school district had spoken and said the school district had found the site unsuitable for a school and they were not interested at all in the site. He had assured the Commission that the school district was comfortable with the mitigation of a payment of in-lieu school fees, and the applicant and the school district had reached an agreement which called for a payment of fees that exceeded the statutory standard. They were very explicit in their feelings that this was not the place for a school site. This made all of the work that the Planning Commission had done on the project null and void. Commissioner Costello commented that he would like to think that the work the Planning Commission had done did have some impact on the final decision. The Planning Commission did had some recommendations that they had sent onto the City Council. Chair Greene stated that this was one of the most interesting things that he has seen happen since he has been involved in city planning. He feels the City Council deserves enormous credit for brokering a deal for a school site, which results in a reduction of the number of units on the property. - Commissioner London commented on the AutoZone project and asked if there was a way to avoid this kind of problem in the future. He stated that he was completely unaware of the Berry Gardens Specific Plan until 6 months ago. Mr. Greene had brought up some very good points that, had he been aware of at the onset, would have saved a lot of discussion and perhaps a .Iot of work on the part ARROYO GRANDE PLANNING COMMISSION MINUTES JULY 6, 1999 Page 15 of 16 of the applicant, at an earlier stage. Is there some way that the Commission could get a little more background in the staff report. Mr. Engen stated that since the Berry Gardens Specific Plan did not have control over this particular parcel, the Berry Gardens developers didn't really have a say as to what could go in there. It deferred to what the zoning allowed. Mr. London asked if there was any discussion about what should go in there? Chair Greene stated that there was no discussion about this because it was not part of the Berry Gardens Specific Plan. However, it was included in the Specific Plan to give the City some control about what should go there. The parcel .is not owned by the same people that own the property for the residential project. However, it was included in the Specific Plan by the applicant for "quality control". He felt the applicant and the Commission would have been better informed if the project had come before the Commission as a pre-application review and then these feelings could have beef' discussed. He feels that since the Planning Commission has sorne discretion as decision-makers, their authority can exceed the scope of the recommendation provided to them. Ms. Heffernon stated that it is the applicant's decision to come before the Commission with a pre-application review and in this case the applicant had decided not take this opportunity. Vice-Chair Parker asked Mr. Engen if he had anything to report on the Commission viewing Tract 1998? Mr. Engen replied that Tom Buford has been out of the office and when he gets back they were going to go and view the site. Vice-Chair Parker asked if after Mr. Engen and Mr. Buford viewed the area they would set up a time for the Planning Commission to do the same? Mr. Engen stated that they would bring the issue back to the Planning Commission with their views and thoughts. ADJOURNMENT The Planning Commission meeting was adjourned at 9:00 p.m. to its next scheduled meeting on July 29, 1999. ATTEST: - - ------ ------------------- STRONG PLANNING SERVICES ROB STRONG, A.I.C.P. August 10,1999 Mayor Michael lady Members of the City Council City of Arroyo Grande 214 E. Branch street Arroyo Grande, CA 93421 RE: Specific Plan Amendment No. 99-001, Conditional Use Permit No. 99-005 Auto Zone, Inc. (August 24, 1999 Council Agenda Item) Dear Mayor lady and Council Members: The Planning Commission discussion regarding Beny Gardens Specific Plan Amendments suggested more coordination and clarification of potential General Commercial development on the adjoining but separate properties at the southwest comer of Grand A\'eI1ue and Courtland Street extension. The Commission recommended that the Council reject the initial phase of undefined future development proposed by Auto ZOne' s use permit application, despite staff and Architectural Advisory Committee recommendations for approval. Auto Zone, Inc., the owner of Subarea 4, subsequently employed Strong Planning Services to coordinate with Community Development Department Planning and Engineering Department staff, and, if possible the adjoining property owner of Subarea 3 to addnss Planning Commission concerns. The attached Draft Specific Plan Amendment proposes several text refinements to the prior application to better address coordinated access, adequate oI'f-street parking, utility service, shared private storm drainage and other cooperative site planning and design features for these two adjoining General Commercial designated properties. The enclosed "Conceptual Development Plan" is submitted to illustrate how Subarea 4 will be developed in two phases. The initial one is defined in detail by the pending conditional use permit. The Conceptual Development Plan also shows tentatively how Subarea 3 could be developed General Commercial in the future, consistent with similar "Spedftc Plan Amendment" and conforming to Development Code standards, when that property owner submits appropriate applications, subject to subsequent City approval. The proposed Auto Zone retail auto parts store, a permitted use, would compose approximately ten percent (10%) of maximum potential ~ envisioned by the Conceptual Development Plan. These refinements to the Specific Plan Amendment clarify that the initial phase of development is part of a larger, coordinated General Commercial complex which will contain additional retail and office uses and adequate off-street parking on the two existing adjoining properties. The Specific Plan Amendment provides for coordinated access, utility easements, and storm drainage ponding basin development to facilitate phased construction of adjoining, separate commercial zoned properties and clarifies the landscaped separation from adjoining residential zoned properties. 444 HIGUERA ST., STE. 202 · SAN LUIS OBISPO, CA 93401 · (805) 542-9150 · FAX (805) 542-0902 The maximum potential commercial development tentatively estimated for Subarea 3 by the Conceptual Development Plan is approximately 40,000 square feet and 160 off~ parking spaces. Approximately 32,000 square feet and 129 off-street parking spaces are the maximum potential commercial development estimated within Subarea 4. The use permit application would enable initial Auto Zone store containing about 7650 sq. ft. and 38 off~ parking spaces. Future phases of commercial development will require subsequent parcel map, use permit, and/or plot plan approval as well as Architectural Review approval by the City. These Specific Plan and Use Permit applications will be considered by the City Council at public hearing on August 24,1999. If the Councilor staff have any QUestions prior to that hearing regarding these revisions and darifications, please call me at (805) 542-9150. I look forward to presenting the applications on behalf fA Auto Zone, Inc. at the Council hearing. Sincerely, cc: Planning Commission Henry Dea Charles Baker '"___n__n___ - -~-----------_..- A TT ACHMENT E C ONC EPTUAL D EVELOPMENT PLAN SUB AREAS 3 AND 4 BERRY GARDEIIS SPECFIC PLAJI SUMMARY OF ESTIIATED IIAXIIUII DE'IEI.OPIoEK1' PETENTIAL SUB AREA 3 SUB AREA 4 !MATSUMOTO! IAUTOZOIIEt PHASE 1- PHASE 1- 10,000 If REfAL 7100 II !lET AL 40 PARICIIfG SPACES IEQIIIIED 30 PAfaCIIG SPACES IIEIMIED PHASE 2. PHASE 2-TWO STORY 20,000 If REfAL 15,300 II KETAL 80 PAIIKItG SPACES IEQUIIED l.zoo II OFFICE II PAAICIIG SPACES RECUED PHASE 3- TWO STORY 7,000 If KETAL 8,300 If OFFICE 53 PARICIIG SPACES REQUIIED S\8 AREA 3 SUB TOTAl.: SUB AREA 4 SUB TOTAl.: 37,000 If REfAL 22,800 If IETAL 8,300 If OFFICE 1,200 If OFFICE 173 PARKING SPACES IIEQUIIED 121 PAIIICIIG SPACES IIEGIIIIED COIIIINED CEN1'ER TOTALS: 51,100 If IETAL 15.500 If OFFICE 7S,3OO If IWCIIIIII IULDItG AREA 301 PARKING SPACES REOUMED '----..- . ----------------------------- -------- . . . .' .,.... I \ , _-1!!!!!'---------\- 2f4.(1$ \ -------------, ~ \ . \ . . ~ . \ \ \ . , , \ ,.._4 \ -' .-,....z-. . I ,.._3 ~ ~....... . \ ~'.. ..... \ I :::::- , \ , \ \ . \ , , \ I \ , -----' t"\ t l1li' , l1li\ . \ , i . ~\ . , \ ...\ . fl)1~ .-- , \; \ , ,,10 \\ ~\~ ,.._3 't '; ,;:;~;1 .. ..... i~ ~\~ III -- ;;.....- "6\ ' Ii t~ 4\\ ~,'" \ c\ t"\; !a, , Vi 1 ~\ \ , ~\ 0' J I 31__--1 \ , ." \ , ,.. \ \ . , \ , s.._4 \ , ~1 i .::;. tNIIY . \ . ~ ~ \ , ....- . \ . , \ \ . , . \ , \ , . \ . ~............. \ I . \ ,.._4 . \ , . \ . , , . j \ I iii3.f1S \ -'" ........ ...... ~~ ,..-" .. ~ Borta Sit e pla.n l't~ 40' _0" -$ ------------ ---,------ . 1 , 1 , 1 , 1 , / , 1 1 , / , / / , 1 , h i' '~ /; 1\ j~ , ~ /~ /~ 1 i~ '\ /; 1\ j\ , \ 1 , 1 I 1 \ \ \ \ ~, I I ~ ~ I t~ b ~ 30, ~\ ~ ~ ~ - -~~ - - ATTACHMENT F TABLE OF CONTENTS Topic Page Number I. INTRODUCTION Project Location and Vicinity. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . ...1 Preapplication and Specific Plan Preparation................................... ....1 Environmental Impact Report Preparation. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .... 3 General Plan Amendment, Specific Plan and Rezoning Refinements. . .. . .. . ...3 Summary of Specific Plan Subareas.... .......... ... ..... ...... ... ....... ...... .....4 ExistUlg Environmental SettUlg......................................................5 ll. GENERAL PLAN AND ZONING CONSISTENCY General Plan Policies.............................................................. ....8 Proposed Map Amendment........................................................ ...9 Specific Plan Subareas. . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .. . . . . .. . . . . . . . .. . . . . . . . . . . . . .' . .1 0 Ill. SPECIFIC PLAN PROPOSALS - Subarea 1 Purposes and Objectives.............................................................. 12 Land Use Subareas.............................................................. ...... 13 Single Family Residential- Specific Plan (SFR-SP) Subarea................... 13 Patio Home Residential- Specific Plan (pHR -SP) Subarea. . . . . . . . . . . .. . .. . . . .. 18 Access, Circulation, and Parking Standards. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . ..23 Street- TreeslParkways, Park, and Ponding Basin Landscaping. . . . . .. . . .... . .. .. 26 Fences, Walls, and Special Entry Features....... . ............... ......... ......... 29 Water, Sewer, and Utility Facilities. . .. ... . .. . ... .. . ... .. . ... .. . .. . .. . ... .' . ... .. ... 33 Drainag~ and Stonn Ponding Facilities. ............................................35 Transit, Bike, and Pedestrian Facilities............................................. 36 Schools, Parks, and Other Off-site Public Facilities Fees....................... ..37 Architectural Design Guidelines..................;................................ 37 IV. SPECIFIC PLAN PROPOSALS - Subarea 2. .......... ..... ......... .... ........ ....... 52 v. SPECIFIC PLAN PROPOSALS - Subareas 3 tHHI-4................................... 53 Beny Gardens Specific Plan TABLE OF CONTENTS Topic Palle Nwnber . IMPLEMENTATION AND ADMINISTRATION Other Regulations and Code Enforcement. . .. . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . .... 54 Proposed Phasing of Subdivision Improvements. . .. . .. . .. . .. . .. . . . . .. . .. . .. . .. . .. 54 Special or Conditional Uses: CC & R's..... ...... ..... ...... .... ...... ............ 57 Administration and Amendment of the Specific Plan. . . . . . . . . . . . . . . . . . . . . . . .. . ... 57 BetTy Gardens Specific Plan LIST OF EXHIBITS Exhibit No. Title Page Number 1. Project Location Map............................................................... ...2 2. Specific Plan Subareas Map. . . . . . . . .. . .. . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .. . ..4 3. Existing General Plan and Zoning Map........ ... ... ...... ..... .... ...... ...... ....7 4. Proposed General Plan Amendment Map. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . .... . .. . .11 5. Berry Gardens Specific Plan, Subarea 1. . . . . .. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .. .14 6. Prototype Site Plans - Interior Single Family.................................... ...16 7. Prototype Site Plan- Comer Single Family..... ..... ................ ... ...........17 8. Patio Home Prototypes. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ... . .. . .20 9. Preliminary Site Plans -Patio Home- North........ ..... ... ...... .... ............ 21 10. Preliminary Site Plan - Patio Home - South..... ...... ......~.. ...... ...... .......22 11. Street Cross Sections (Local and Oak Park Boulevard). . . . . . . . .. . . . . . . . . . . .... . .. 24 12. Berry GardenslKawaoka Park...................................................... ..27 13. Berry Gardens Ponding Basin. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ... . .. . ..28 14. Fences and Walls.... . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . ... . .. . . 30 15. Special Entry Features............................................................... ..32 16. Water and Sewer Plan Map. . .. . . . . . . . .. . .. . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . .. . .. . . . . ... 34 17. Typical Driveway Design Variations......................................... .......40 18. Single Family Residential, Parkway and Home Examples.................... ....41 19. Patio Home Residential, Home and Driveway Examples................. ........ 42 20. Architectural Detail Examples....................................................... 43-51 21. . Subdivision Phasing Map. . .. . .. . .. . .. . .. . . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. .. 56 BetTY Gardens Specific Plan -~ v. SPECIFIC PLAN PROPOSALS - Subareas 3 ftftd-4 This separate section of the Berry Gardens Specific Plan is reserved for subsequent provisions and maps applicable to Subareas 3 EI:REl-4, subject to applications by the property owner and approval by the city of Arroyo Grande as a Specific Plan Amendment. 53 Berry Gardens Specific Plan .-,-_. ____.__~_.__u....____ ~... ________ Purposes and Objectives The Berry em ig (see Exhibit No. II . . . ... .. .. . .. .. .. . fer amefttied fRiBareas map): a. To provide for the . general shopping needs of area residents and workers with a variety of retail and commercial services. Typical uses include, but are not limited to, general retail, food markets, commercial services, professional offices, restaurants, and home improvement . centers; b. To encourage the concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other; c. d. To minimize traffic congestion and to aveid the overloading of utilities by preventing the construction of buildin s of excessive size in relation to the amount ofland around them ; and e. To promote high standards of site pl3.nning, architecture and landscape design for office and commercial developments within the City of ArrO)lO Grande. General Commercial - Specific Plan (GC-SP) 1. Pennitted arid Conditionally Allowed Uses: The GC SP SHBarea sfteR allow eRe eemm.ereial estaBlishment per legal let. Pi"el3e1t)' 53.A.1 Beny Gardens Specific Plan 2. Development Code General Provisions: Unless othetwise provided as part of the Berry Gardens Specific Plan, all provisions of the General Commercial (GC) designation and zone, as defined in the General Plan. and Development Code of the City of Arroyo Grande, shall be .applicable within the GC-SP area. 3. Minimum building site area shall be 10,000 _ square feet. 4. Minimum lot width shall be 8G .. feet. 5. Minimum lot depth shall be i-OO . feet. 6. Minimum building setbacks: - a. The minimum front building setback, measured from property line, shall be 15 feet. b. The minimum interior side building setback shall be 0 feet. c. The minimum street side building setback shall be 15 feet. d. The ~um rear building setback shall be 0 feet, except .for lots abutting a residential district (see 10 a. below). 7. Maximum lot coverage shall be 45%. 8. Maximum floor area ratio shall be 0.5. 9. Maximum building height shall be 30 feet, or 2 stories, whichever is less. 10. Special Requirements: a. '.VBefe'lef a lot in the . GC-SP District abuts a lot ift &:BY ~ residential district, . a minimum building setback of 20 feet measured ftom the property line shall be required. A minimum of 10 feet of this setback area shall be. landsca ed; the remainin area ma be used for parking .,... . b. A two-story a<:iEl#ioB _ closer than 50 feet tORn ~!ftiftg _ single family residence shall require Plot Plan Review by the Community Development Director prior to issuance of a building pennit. 53.A.2 Berry Gardens Specific Plan - c. Where off-street parking areas are situated such that they are visible from any street, an earthen benn, wall, or combination wall/benn three feet in height shall be erected within the required landscape area and the parking area to adequately screen said parking areas. d. The required front and street side building setback areas shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. Where off-street parking is located within such building setback areas, a minimum landscaped area 10 feet in depth, shall be provided between the property . line and theoff-stieet~. parking . area, with an additional minimum landscaped area 10 feet in depth ~required between the parking area and the building. e. Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. f. Except as otherwise pennitted, required rear and. interior. side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off- street parking or loading, recreational activities or facilities,and similar accessory activities. 11. Development shall be subject to City of Arroyo Grande's ArchitecturalReviewCommittee. Access. Circulation. and Parkine Standards Subarea 4 will have I11III access from Beth: Grand Avenue Courtland Street, subjeet to review by the Planning Commission. Courtland Street Extension (North) - The construction (partial width) of the north extension of Courtland Street is a requirement of developing Subarea 1. However, Subarea 4 may be developed prior to Subarea 1 of the Specific Plan. Construction of the Courtland Street extension may be deferred for projects within Subarea 4, if the project functions adequately with access solely from Grand Avenue. In such case, the Subarea 4 development shall guarantee the development of Courtland Avenue to the standards required for Subarea 1, to be constructed within a minimum of five (5) ye. development within Subarea 4 shall he fe'l1iired to provide _ right-of- way for the . .. .... .. development of Courtland Street. Areawid~ circulation will benefit if the commercial area within Subarea 3 (Matsumoto) also has. .. . access to Beth: Courtland and Grand A venue. The access to Courtland may be via shared arkin lots. Development within Subarea 4 shall be required to provide necessary easements for mmre aeeess to Subarea 3. As part of developing Subarea 4, the following standards shall be required: 1. All parking facilities shall confonn to Chapter 9-12 of the Devel<?pment Code (parking and Loading Requirements). 53.A.3 Berry Gardens Specific Plan . 2. ~l off-street parking facilities shall be located to be accessible and usable for the associated use or activity. RequiredparkingshallbeJocated.iOnsite. 3. The applicant shall post a bond or other guarantee.fQI'the"completionofCourtland Street improvements along the property frontage. The improvements shall be constructed within five years following development within Subarea 1 _. Courtland shall be improved at a minimum to the standards described for Subarea 1 ~ofthe Specific Plan. If Courtland Street hasalreadYibeen.dmproved,by~'Oth~, any unconstructed improvements on. the. east. side;;of>the}road:tSbalb.be'~completed, including widening on the. east . side to the . full ,width,',and,;constructing'curb, gutter, sidewa1k and planting street trees in confonnance with,the:Specific"Plan and the conditions of approval for Tract 2260. 4. The street shall be signed for no parking until the full street width'is,improved. 5. The street shall be signed fora 35 mile perhourmaximwn speed. Grand Avenue - The primary access to the commercial areas shall be from Grand Avenue. Landscapin~ and Screenin~ ~..:~~ ~~ . . .... .', appropriate screening shaY Be ereeted 8:B6 maiBteiBeEl along the property line abutting the residential zone. 1. The screening between commerciaIlBl areas and adjacent existing or future residential uses shall consist of a decorative masonry wall compatible with the project's architecture and sufficient for sound attenuation, and shall have a minimum height of six feet on the commercial side of the wall. If the ',':all is ~d 1e be greater than sHe feet in height ell the resideBtial side, a VariaBee te ma-ximWB wall height re(jt:lifemeftts is BeeessafY. The a~ft)...iil aut8erit}. may feElWe that land5eapiBg Be provided ell the resideBtial side efthe wall 85 Beeessary to Fetiuee the visual obtrl::1sivefless of the "l:ell. 53.A.4 Berry Gardens Specific Plan ..~- --~~-_._' height of20 feet. The landscaping shall be designed so that, at maturity, the portion of the screen providing intennittent visual obstructIons should not contain any _ completely unobstructed openings greater than 10 feet.. Water. Sewer. and Utility Facilities Water System - The water system for Subarea 4 shall be as shown in the Specific Plan. Individual project submittals shall be evaluated as to fire flow requirements and hydrant placement. Sewer System - The sewer system for Subarea 4 shall be as shown in the. Specific Plan. Individual project submittals shall be evaluated as to sewer lateral locations and size. Utilities - Subarea 4 shall be responsible for undergrounding existing overhead facilities along the property frontage. The undergrounding of these facilities may be deferred until concurrent undergrounding work is performed by the __ Subarea 1 construction. The applicant shall post a bond or other financial guarantee for the undergroundi.I1g of the existing overhead utilities along the property frontage. The undergrounding shall be performed. within five -years following development within Subarea 1. Drainaee and Storm Pondin2 Facilities - Subarea 4 shall have an independent onsite stormwater infiltration basin. The basin shall be designed to the standards required of the Subarea 1 basin, modified to the Subarea 4 drainage area. The stonnwater basin shall be designed and constructed to Public Works Department requirements, and the following: 1. The basin design shall include a minimum fteeboard of twelve (12) inches. 2. The basin shall be constructed and functional prior to issuance of a final certificate of occupancy. 3. The basin shall be privately maintained. 4. The basin shall be fenced around the perimeter _. Architectural Desi~n Guidelines The architectural review of commercial structures located in Subarea 4 shall ensure the following: 1. The location and configuration of structures shall be visually hannonious with their sites and with natural landforms and surrounding sites, structures, and streetscapes. 2. The proposed. design' shall produce hannonious transitions in both scale and character of development between adjacent land uses. 53.A.5 Beny Gardens Specific Plan 3. The site access and circulation shall be safe and" convenient for pedestrians, bicyclists, and vehicles. 4. The materials, textures, colors, and details of structures shall be an appropriate expression of the design concept and function and be compatible with the adjacent and neighboring structures and functions. . 5. Development proposals shall not unnecessarily block scenic views from other buildings or from public ways, or visually dominate their surroundings with respect to mass and scale, to an extent inappropriate to their use. 6. The amount and arrangement of open space and landscaping shall provide visually pleasing settings, and is appropriate to the design and function of the structure, site and surrounding area. ~ 7. The design and location of signs and their materials and colors are consistent with the scale and character of the buildings to which they are attached or are located on the same site, and to ensure visual hannony between signs and surrounding developments. 8. Development proposals shall ensure the preservation of the character of natural landforms and existing vegetation where feasible. 9. Excellence in architectural design shall be maintained in order to enhance the visual environment of the City and to protect the economic value of existing structures. 10. The public health, safety, convenience, comfort, prosperity and general welfare shall be protected. 11. Development plans shall comply with applicable policies, standards, and.ordinances of the City of Arroyo Grande. '. ~~.:::~~---~. ... .. ... .... ~~ ...... .'. ~ 53.A.6 . Berry Gardens Specific Plan 7... MEMORANDUM TO: CITY COUNCIL FROM: TOM BUF~IM COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SUPPLEMENTAL INFORMATION REGARDING AGENDA ITEM 7.A. - BERRY GARDENS SPECIFIC PLAN AMENDMENT 99-001, CUP 99-005, PLANNED SIGN PROGRAM 99-001 DATE: AUGUST 24, 1999 The attached letter was received subsequent to the distribution of the Council agenda on August 20th. c :\supp .memo .agenda .082499 -------.".--- ~RECEIVED August 20, 1999 CITY OF ARROYO GRANDE 99 AUG 23 AM 8: 51 Members of the City Council City of Arroyo Grande 215 E. Branch Street Arroyo Grande, CA 93420 Dear Members of the City Council: This letter is submitted in response to your invitation to comment on the subject of your planned meeting on Tuesday, August 24, 1999. Case No. Berry Gardens Specific Plan Amendment 99-001 Conditional Use Permit 99-005 Planned Sign Program 99-001 Applicant: AutoZone Location: 1595 Grand Avenue Weare the Trustees of the Masako Matsumoto Living Trust that owns the property described as 1595 Grand Avenue (APN 077,131,004 and APN 077,131,019). The Matsumoto property is adjacent to that owned by AutoZone, Inc. We have given Dennis Allan of Dennis Allan Real Estate Investments exclusive rights to market our property. While we retain all rights of ownership and approval for our property, we have asked Dennis to attend the August 24th meeting to answer questions and comment on our behalf. We have reviewed a fax copy of the following pages: A two-page letter from the Strong planning Services to Mayor Lady and Council Members, dated August 10, 1999, with the following attachments - schematic overview of site plan; detail schematic of site plan; Concept Development Plan. We do not accept the proposed site plan as it affects our land. AutoZone has conceptualized the site plan to include our land, but without including us in the design process whatsoever. We have ideas and concepts in design for the combined usage of both properties, which we think, will increase the benefit to the owners and to the City of Arroyo Grande. There should be a collaborative effort to optimize the usage of our lands while exercising both our ownership rights. We urge the Members of the City Council to reject the current proposal from AutoZone and grant a 60-day continuance contingent on our proceeding in a collaborative effort to produce an acceptable plan for all parties. If the City of Arroyo Grande approves the AutoZone plan without requiring a collaborative effort, we will not be bound by the portion of their plan, which affects the Matsumoto land. Additionally, there are specifics to the current AutoZone site plan to which we have comments. This is not meant to be an exhaustive list. 1) The AutoZone address of 1595 Grand Avenue is the same as the Matsumoto property. We think AutoZone is in error. 2) The detail schematic of the site plan has delineated parking spaces clearly associated with the AutoZone project to be partially constructed on the Matsumoto land. This error seems to have been caused by the incorrect placement of the Eastern-most boundary of the AutoZone property line. We have been shown a corrected detail schematic, but we do not have any way Page 1 of2 of knowing which version of the detail schematic the Members of the City Council are viewing. 3) AutoZone has proposed the development of the Matsumoto land in phases and usage. It is incredible that AutoZone would ask the Members of the City Council to approve their plan based on their design concepts for development of the Matsumoto land without soliciting our participation or concurrence. Moreover, we think their concepts could have been improved. For example, ifthere were to be multiple story building(s) on the Matsumoto land, it would be more consistent with existing topography and existing buildings on the Grover Beach side to place them on the Western-most side of our property. If there are questions or issues fTom the Council Meeting, which should be addressed directly to us, feel fTee to contact us. Respectfully yours, Y oshiye Ruth Dea and Henry L. Dea 2030 Sea Cliff Way San Bruno, CA 94066 650/355-8155; Fax 650/738-0724; henrydea@aol.com Page 2 of2 , 7b CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: CONSIDERATION OF A REVISED RATE STRUCTURE FOR WEEKLY REFUSE, GREEN WASTE, AND CURBSIDE RECYCLING COLLECTION. APPLICANT: City of Arroyo Grande PROPOSAL: The Council will consider a revised rate structure for weekly refuse, green waste, and curbside recycling collection services. -. REPRESENTATIVE: Community Development Director Any person affected or concerned by the proposal may submit written comments to the Office of the City Manager before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Any person interested in the proposal can contact the Community Development Department at 214 E. Branch Street, Arroyo Grande. California, or by telephone at (805) 473-5400 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposal will be available for public inspection at the above address. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Tuesday, August 24, 1999 at 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street . ~L~~~ Arroyo Grande, California 93420 Kelly tm e Director of Administrative Services/Deputy City Clerk Publish 1 time, August 13, 1999 MEMORANDUM TO: CITY COUNCIL FROM: ROBERT L. HUNT, CITY MANAGE~ SUBJECT: ;::::::::-:--- APPROVAL OF RECYCLING SERVICES AGREEMENT AND ESTABLISHING REVISED RATES TO INCLUDE CURBSIDE RECYCLING COLLECTION SERVICES DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended the City Council, at the close of the public hearing,: . Approve the attached Recycling Services Franchise Agreement between the City of Arroyo Grande and South County Sanitary Services, Inc. for curbside recycling services; . Adopt the attached resolution establishing revised rates to include curbside recycling collection services. FUNDING: There is no direct cost to the City; however, the recycling services agreement will impact service charges to individual customers. Active participation in the curbside recycling program, combined with the effective use of the variable can rate system, may offset or reduce overall garbage costs to individual customers. Curbside recycling service is necessary to meet the requirements of the Integrated Waste Management Act of 1989 (AB939). The proposed agreement does provide for an annual payment to the City of $18,000 to offset costs of administering the program and to develop additional recycling opportunities. By continuing to take action to maximize recycling efforts within the community, the City will reduce the possibility of $10,000 per day fines imposed by the State for failing to achieve a 50% diversion rate by the year 2000 as required by AB939. DISCUSSION: The City's current franchise agreement with South County Sanitary for refuse collection was adopted on November 12, 1997, and extends through November 11, 2007. The Council amended this Agreement on March 23, 1999, to include weekly greenwaste collection. The City Council, on March 9, 1999, directed staff to seek proposals from recycling firms to provide curbside recycling service for City residents and " "--.--- APPROVAL OF RECYLCING SERVICES AGREEMENT PAGE 2 businesses. The City's contract with RALCCO, the current provider of curbside recycling services, expired on March 31, 1999. Since that time, RALCCO has continued to provide recycling services on a month-to-month basis. Staff was directed to work with the SLO Integrated Waste Management Authority (IWMA) on the development of a joint Request for Proposals process with the City of Pismo Beach in order to reduce overall recycling service costs for residents of the two cities. In May 1999, a joint Arroyo Grande/Pismo Beach Request for Proposals was issued with the assistance of the IWMA. Bill Worrell, IWMA Manager, has prepared a binder (enclosed) that details the history and recommended course of action. Staff will not repeat herein the information contained within Mr. Worrell's report. On August 3rd, the City of Pismo Beach approved the recommendation of IWMA. The following table shows the impact of the proposed new rates on residential customers. Active participation in the curbside recycling and greenwaste programs may offset or reduce overall costs to individuals by allowing the use of a smaller garbage container. New Monthly 32 gal. Waste 64 gal. Waste 96 gal. Waste Cost Prior to Rate Wheeler Wheeler Wheeler Variable Can Rate Refuse $6.90 $ 9.90 $12.90 $8.55 Curbside $1.80 $ 1.80 $ 1.80 $ .50 Greenwaste* $1.25 $ 1.25 $ 1.25 $ .75 Total $9.95 $12.95 $15.95 $9.80 *Cost comparison to current contract: $.75 for bimonthly service; $1.50 for weekly service. If staff's recommendations are approved, distribution of the curbside recycling containers would begin in November; the new billing rate becomes effective in December (1999). There are three issues regarding the RFP process that warrant amplification. First, there is the misinformation being circulated that RALCCO did not have the opportunity to compete. The complete opposite is true. In fact, RALCCO submitted its proposal five (5) minutes after the noticed deadline; however, in the ----- APPROVAL OF RECYCLING SERVICES AGREEMENT PAGE 3 interest of extending every opportunity, the proposal was accepted and evaluated. Based upon a review of the proposal it became evident the proposal did not meet several important basic qualifications (detailed in the attached June 24th letter from IWMA to RALCCO). A particularly egregious error contained in the RALCCO proposal was the significant mathematical miscalculations. When properly calculated (which was independently done by all members of the Review Committee), RALCCO's proposal had a higher cost than the other two proposals. Second, starting the week of July 19th, RALCCO began the distribution of a misleading flyer. The flyer contains numerous statements of misinformation. For example, "If we are not allowed to compete for this contract...". The fact is that RALCCO did compete for the contract, just ineffectively. Another example, ".. .the citizens of Pismo Beach and Arroyo Grande will increase dramatically [sic]....". Assuming the intent was to say costs would increase dramatically, the statement is terribly misleading since costs would increase significantly if RALCCO was awarded the contract. RALCCO has every right to generate support for its position; however, doing so through the dissemination of misinformation raises serious questions regarding its business practices. Finally, with the City facing potential fines of up to $10,000 per day from the State for failing to meeting the 50% diversion rate by the year 2000, it certainly bears mentioning that during the term of the City's contract with RALCCO the City's diversion rate has decreased from a high of 28% to the current 22% (which is below the 25% mandate for 1995). This reduction is based. at least partly, on RALCCO's recent disposal of recyclable material at the Cold Canyon Landfill. Alternatives The following alternatives are provided for Council consideration: 1. Approve the recommendation of the IWMA; 2. Modify as appropriate and approve the recommendation of the IWMA; 3. Reject the recommendation of the IWMA and direct staff to re-issue the RFP; 4. Provide direction to staff. ---- . -----.-.--- ~-- RESOLUTION NO. A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING RATES FOR REFUSE., GREENWASTE, AND CURBSIDE RECYCLING COLLECTION SERVICES WHEREAS, the City of Arroyo Grande may determine rates and charges for refuse, greenwaste, and curbside recycling collection services pursuant to Public Resources Code Section 40059(a) and Arroyo Grande Municipal Code Section 6-4.19. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that, effective December 1, 1999, the rates for refuse, greenwaste, and curbside recycling services are set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 1999. RESOLUTION NO. PAGE 2 ~ MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~b L. Huw-' ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J.CARMEL, CITY ATTORNEY ---,~ "~------_.._- EXHIBIT "A" SOUTH COUNTY SANITARY SERVICE ARROYO GRANDE RATES EFFECTIVE 12-1-99 INCREASE PICKUPS CURRENT EFFECTIVE PER WEEK RATES 12.-1-99 ------ --------- --------- NEW RESIDENTIAL VARIABLE CAN STRUCTURE 32 gallon waste wheeler (same as 1 can) $8.15 $9.95 64 gallon waste wheeler (same as 2 cans) $11.15 $12.95 96 gallon waste wheeler (same as 3 cans) $14.15 $15.95 128 gallon WW service (same as 4 cans) $17.15 $18.95 160 gallon WW service (same as 5 cans) $20.15 $21.95 192 gallon WW service (same as 6 cans) $23.15 $24.95 YOU MUST USE THE GARBAGE COMPANY PROVIDED CAN(S) FOR ALL SERVICE LEVELS SERVICE IS ONCE PER WEEK. LID CLOSED, OVERSTACKING WILL BE CHARGED EXTRA. EXTRA CHARGES APPLY TO ANY GARBAGE NOT IN THE WASTE WHEELER-LID CLOSED EXTRAS: PER 32 GALLON CAN OR CANSWORTH $3.00 IN YARD SERVICE(in additional to one of the above) $8.00 COMMERCIAL CANS ---------------------------------------------------------------------------------------------..---..---....-.... 1 CAN 1 $9.43 $11.97 2 $19.91. $25.26 3 $28.30 $35.91 2 CAN 1 $19.91 $25.26 2 $27.25 $34.58 3 $38.78 $49.21 4 $46.11 $58.51 5 $56.59 $71.81 3 CAN 1 $23.06 $29.26 2 $38.78 $49.21 3 "~-- $50.30 $63.83 4 $60.78 $77.12 5 $68.12 $86.44 6 $76.50 $97.07 4 CAN 1 $29.34 $37.23 2 $47.16 $59.84 3 $62.88 $79.79 4 $74.41 $94.42 5 $86.98 $110.37 6 $96.42 $122.35 $5.00 PER MONTH LATE CHARGE ---- SOUTH COUNTY SANITARY SERVICE ARROYO GRANDE RATES EFFECTIVE 12-1-99 INCREASE PICKUPS Cl)RRENT EFFECTIVE PER WEEK RATES 12-1-99 ------ --------- --------. 5 CAN 1 $35.63 $45.21 2 $57.64 $73.14 3 $73.36 $93.09 4 $91.18 $115.70 5 $106.90 $135.65 6 $125.76 $159.58 6 CAN 1 $40.87 $51.86 2 $66.02 $83.77 3 $85.94 $109.05 4 $104.80 $132.98 5 $125.76 $159.58 6 $144.62 $183.51 7 CAN 1 $46.11 $58.51 2 $74.41 $94.42 3 $96.42 $122.35 4 $114.23 $144.95 COMMERCIAL-DUMPSTERS - ----------------------------- 1 YARD 1 $38.78 $49.21 2 $56.59 $71.81 3 $74.41 $94.42 4 $95.37 $121.01 5 $112.14 $142.29 6 $133.10 $168.89 1.5 YARD 1 $44.02 $55.86 2 $68.12 $86.44 3 $96.42 $122.35 4 $125.76 $159.58 5 $153.01 $194.15 6 $172.92 $219.42 2 YARD 1 $49.26 $62.51 . 2 $82.79 $105.05 3 $117.38 $148.94 4 $155.10 $196.81 5 $191.78 $243.35 . $5.00 PER MONTH LATE CHARGE SOUTH COUNTY SANITARY SERVICE ARROYO GRANDE RATES EFFECTIVE 12-1-99 INCREASE PICKUPS CURRENT EFFECTIVE PER WEEK RATES 12-1-99 ------ --------- -..------- 6 $214.84 $272.61 3 YARD 1 $58.69 $74.47 2 $111.09 $140.96 3 $155.10 $196.81 4 $202.26 $256.65 5 $239.99 $304.52 6 $286.10 $363.03 4 YARD 1 $73.36 $93.09 2 $129.95 $164.89 3 $186.54 $236.70 4 $239.99 $304.52 5 $296.58 $376.33 6 $352.13 $446.82 COMPACTORS PER YARD $6.33 $8.00 7,OOOLBS MAX-OVERAGE @ LANDFILL RATE ---------------------------------------------------------------------------------------------------------------- SHORT TERM BINS DELIVERY $19.44 $24.67 RENTAL $1.00 $1.27 EMPTIES - PER YARD $12.58 $15.96 MATTRESS TWIN $7.34 $9.31 DOUBLE $13.62 $17.28 QUEEN $18.86 $23.93 KING $22.01 $27.93 DUPLEX & ALL MULTI-UNIT DWELLINGS USE COMMERCIAL RATE STRUCTURE Z 9 : II WV 91 SOY 66 30NVBD OAO~~V :10 A11:J 03A13:J::UJ ' $5.00 PER MONTH LATE CHARGE CD -c c c c ftS 0 0 .- .- ~ en en C) L.. L.. Q) Q) 0 > > -- .- Q Q ~ 0 CD (X) m m ~ m m .. c( ~ ~ __ I C 0 c c 0 0 .- .- .- ! ~ ~ Q) Q) CD > > > .- .- Q Q .- C LO ,...... m m CD m m .... ~ ~ In lI- ftS ~ -c .- - 0 UJ 0 II) 0 10 0 II) C") N N .- .- UOISJ8AIC JU8:>>J8d . u . San LuiS Obispo County ..........I~.t~.~~ated Waste Management Authority . . - ............................. <II........................ ................ /.pla+ Cn.w J) - . IWMA BOARD MEMBERS : June 24, 1999 &1/ Mike ~CUI . Prnident. : San Luis ObiSpo Count)' : ~ Gearge Luna. Vice Prnident. : City of At~ero : . Ralcco , Tony ferrara. : c/o Greg Shipley City of Arroyo GriUlde : Market Target Research Richard Neufeld. : ' 4004 Stag'S Leap City of Grover Beach : Paso Robles, CA 93446 Dave Elliott. : Subject: Arroyo Grande and Pismo Beach RFP City of .Morro &y : John Brown. : City of Pi""o Btech : Dear Mr. Shipley: Dave Romera. : The proposal evaluation committee recendy met and unanimously agreed City of San Lui5 Obi$po : that the Ralcco proposal did not adequately respond to. the RFP. Thus, Katd.o ~"4dji41\. : your proposal will not be included in the evaluation process. 5an I..Ui5 Ohi~pa County : ShirleY Bianchi. : The Ralcco proposal failed to provide the following infonnation which the San Luis Obispo County : RFP specifically required: Harry Ovitt, : . SECTION 2 FIRM DESCRIPTION San Luis Obispo County : Specific ownership iDfonnation on RaIcco, such as officers, Pcg Pinud. : stockholders, etc. was not provided. ~ Luis Obi'po Count)' : . SECTION 4 LITIGATION INFORMATION BiD Worrell. Man.,e, : No information was provided. c.rolyn Goodrich. Secret..ry : I~ond A. Biuing. Counul : . SECTION 5 FINANCIAL INFORMATION ~220 South Higuera. Suite 210 : Audited financial stat.,w\ents.were not submitted. San Luta ObispO. CA 9340 1 : Poat Offlu Box 8b7 : . SECTION 10 EXCEPTIONS TO THE DRAFT CONTRACT 56;\ Lvi' Ob~po. CA 93406 : No response to this section was included in the proposal. S051782..sl53O : FA.X 8O:5/782.8.5!9 : E-mail: iWm4@iwma.~m : In addition the RFP required proposals to be copied on two sides. n~c)'Cling. ~II\PO" ~ Hu. : Wutt Info~ 800/400.0811 : ~hool Pro,rams Information : 805/i82-8424 : . (0/c0'd 6C~8c81.S08 t~~~~..k" - t;WM I AINnO) 015 9S:~t 666t-l7c-t-I"'JI . .< - [0' d "}:jlOl While the above information was needed. the most significant problem was related to the cost information in the proposal. First the information was submitted on the wroDg cost forms. As discussed at the pre-proposal conference. revised forms were sent to all potential bidders. Ralcco failed to use these forms. The revised forms contained more detailed cost information and thus the evaluation committee does not have that infonnation on the Ratcco proposal. The evaluation committee was.not able to evaJuate the proposal based on the submitted forms because of the numerous mathematical errors. For example option 4 included the foUowing discrepancies: $620.011 - total annual cost (line on form) $945.829. total annual cost (swn of line items) $1~234,058. total annual cost (sum of the subtotals) If the math had been done correctly. the total AImua1 cost would have been the same RgIld1ess of how it was cakuJatcd. In addition, d1e public infonnation cost and recycling development coSt were understated in this option by $23,000. Given the lack of Ra1cco~s responsiveness to the RFP and the inability to evaluate the cost proposal, the evaluation committee witt not be considering your proposal Sincerely. . . ~~~ CC: EvaJuabon Committee Bob Hoot. City of Arroyo Grande Mike Fuson, City of Pismo Beach Ron Munds, City of San Luis Obispo r (0/f:0 . d 1SGS8Z8l.S08 tlWM I AlNno) 015 9S : s't 666 't-v(:-,.."r ---..--- _.~---_._--_..__.- -..--- ----- . . ~"?O/ - ~8f~ P.O. Box 550, 214 fAst Branch Street Arroyo Gr~nde.CA 93411 ,. . . , , . CITY COUNCIL Phone: <805>. 473-5404 . FAX,: (805) 473-0_~ ., E-MaD: ..dty@nx.net MEMORANDUM Frolll: Tony Ferrara, Mayor Pro Tern'. /7 To: Members of the City Council ,. ' Bob Hunt, City Manager . . Henry Engen, Interim Community Devel~pment D~rector Date: July 27, 1999 Subject: INTEGRATED WASTE MANAGEMENT REPORT This report details the information provided at the July '7, 19991WMB, ~ Board meeting. The meeting centered once again, on San Luis Obispo County's diversion rates pursuant to AB 939. Arroyo Grande's status is not encouraging. The recent events, involving Ralcco were again the topic of discussion; Th~ following facts are offered for your review and information: 1. Arroyo Grande's 1997 diversion rate was 220/0 ~ 2. Arroyo Grande's 1998 diversion rate. was 22.0/0 ~~ . ~ .~ . 3. Arroyo Grande was ahead of this rate (about 28%) prior to the fir~t ~ Ralcco incident. (redirecting of old recycledmateriaf to~the landfill) ~~ 4. This incident resulted in Arroyo Grande being assessed:nearly 13Q',',.: . - \. ~ tons for 1999 thusfar. 5. Now Ralcco has experienced two fires at their new location, which . , . has resulted in. additional materials being hauled.to Coldpahyon. . . 6. The projected assessment against Arroyo Grande for this material is approximately 195 tons. . ,. ... 7. This means that 325 tons will be assessed against the City. ~ ~ , ; ~..; . ; -;' -.,. . ~~o/ P.O. Box 550 '~8J~ 214 Eist Branch Street Arroyo Grande, CA 934%1 CITY COUNCIL . Phone.: (105) 473-5404 FAX: (105) 473-0_ .' E-MaD:alclty@rIx.net July 27. 1999 Page Two: The recent flyers distributed throughout the City by. Ralcco notwithstanding, the Council must recognize th~t curbside pick up of material represents only a small part of a re~1'clers. respom;ibility. The important thing to consider is what they do with the r:naterial ()nce . it is in their control. .. I ~ . . Our citizens have done their part. We are doing ourinpart - ~ . establishing a comprehensive program. Ralcco,.however, .has. created a difficult situation for the City and may have 98usedserious economic damage. They have not done their part.. I am requesting that the Council consider pursuing thisma~er through the City Attorney working in conjunctioriwiththe Deputy County Counsel for the IWMB. . , ,,", -..---- ---.-. ~ City of Pismo Beach 760 Mattie Road Pismo Beach, CA 93449 (80S)773-4657 Fax: (805) 773-7006 August 4. 1999 Greg Shipley Copy via fax to 343-5515 RALCCO Original to follow by mail P.O. Drawer 1170 Nipomo, CA 93444 Dear Mr. Shipley: Based on the action of the Pismo Beach City Council at its regular meeting on August 3. 1999. and in response to your telephone message of August 4. 1999, please be advised that RALCCO's curbside recycling services for the City of Pismo Beach are to continue through and terminate on September 30, 1999. Pursuant to our most recent fee arrangement, the City will compensateRALCCO for services rendered through September 30. 1999, with final payments for residential and commercial recycling programs to be made as soon as possible after receipt of franchise fees collected on the City's behalf by South County Sanitary Service for the remaining months when services are provided by RALCCO. If you have questions about the anticipated payment dates, please contact Sunday Ballas in the City's Accounts Payable office at 773-4655. ;::;;~ Michael Fuson City Manager cc: Sunday Ballas SS :(31 Ud 9- env 66 30NVij9 OAO~ij'9' .:f0 Alm 03^'~D3H - ~ 12: ~~ )(/b/etti .. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES~ SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period August 1 - August 15, 1999. FUNDING: There is a $491,227.18 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT A- Cash Disbursement Listing ATTACHMENT B - August 6, 1999 Accounts Payable Check Register (99/00) ATTACHMENT C - August 6, 1999 Accounts Payable Check Register (98/99) ATTACHMENT D - August 13, 1999 Accounts Payable Check Register (99/00) ATTACHMENT E - August 13, 1999 Payroll Checks and Payroll Benefit Checks L .___....m___ "-~.- _...'....""..~ CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUfER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Parle Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - City aerk Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Fund (Fund 271) 4131 - Community Building (CDBG) 4202 - State AB3229 Cops Grant 4140 - Management Information System 4203 - Federal COPS Hiring Grant 4145 - Non Departmental 4204 - Federal Local Law Enforcement Public Safety (Fund 010) 4201 - Police ENTERPRISE FUNDS 4211 - Fire Sewer Fund (Fund 612) 4212 - Building & Safety 4610 - Sewer Maintenance 4213-GowmmernBuildin~ Water Fund (Fund 640) Public Works (Fund 010) 4710 - Water Administration 4301 - Public Works-Admin & Engineering 4711 - Water Production 4303 - Street/Bridge Maintenance 4712 - Water Distn"bution 4304 - Street lighting Lopez Administration (Fund 641) 4305 - Automotive Shop 4750 - Lopez Administration Parks & Recreation (Fund 010) 4420 - Parks CAPITAL IMPROVEMENT PROGRAMS 4421 - Recreation 5501-5599 - Park Projects 4422 - General Recreation 5601-5699 - Streets Projects 4423 - Pre-School Program 5701-5799 - Drainage Projects 4424 - Recreation-Special Programs 5801-5899 - Water/Sewer/Street Projects 4425 - Children in Motion 5901-5999 - Water Projects 4430 - Soto Sport Complex 4460 - Parkway Maintenance DepL Index !or CourIciLxIa ATTACHMENT A CITY OF ARROYO GRANDE CASH DISBURSEMENTS ;;'M de 'PtIlIMt 01 ~ 1 7~ ~ 13, 1999 August 24, 1999 Presented are the cash disbursements issued by the Department of Financial Services for the period August 1 to August 15, 1999. Shown are cash disbursements by week of occurrence and type of payment. August 6, 1999 Accounts Payable Cks # 91551-91649 (99/00) B 83,076.24 Accounts Payable Cks # 91650-91660 (98/99) C 81,390.08 164,466.32 August 13, 1999 Accounts Payable Cks #91661..91773 (99/00) D 82,160.88 Payroll Checks and Payroll Benefit Checks E 244,599.98 326,760.86 Two Week Total $ 491.227.18 ATTACHMENT B VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 08/03/99 15:19 VOUCHER/CHECK REGISTER FOR PERIOD 15 99/00 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 146 08/02/99 101282 N.I.C.I. REGIS-IANNEO/HULGAN 010.4201. 5501 106.00 106.00 147 08/02/99 101275 JAMES O'DONNELL CO. 10%ADA IMPROVEMENTS-CC 010.4213.6401 1,963.50 147 08/02/99 101275 JAMES O'DONNELL CO. 20%ADA IMPROVEMENTS-CC 010.4213.6401 3,927.00 5,890.50 91551 08/05/99 000468 A T & T-L/DIST SVC. L/DIST.FAX 473-0386 010.4145.5403 33.04 33.04 91552 08/05/99 000700 ACCURATE AUDIO/VIDEO CLEAN VCR 010.4201. 5603 55.00 55.00 91553 08/05/99 003120 AMERICAN INDUSTRIAL SUP GLOVES/FIRST AID SUPPLIES 612.4610.5255 110.00 91553 08/05/99 003120 AMERICAN INDUSTRIAL SUP GLOVES/FIRST AID SUPPLIES 640.4712.5255 173.87 91553 08/05/99 003120 AMERICAN INDUSTRIAL SUP 24 CANVAS DOT GLOVES 010.4420.5255 24.71 308.58 91554 08/05/99 003978 AMERICAN SOFTBALL ASSN SUMMER S/BALL LGE.REGISTRATION 010.4424.5257 324.00 324.00 91555 08/05/99 100897 AMERICAN TEMPS DELGADO SVCS-7/18 220.4303.5303 608.00 91555 08/05/99 100897 AMERICAN TEMPS BARRY SVCS-7/18 640.4710.5303 250.18 91555 08/05/99 100897 AMERICAN TEMPS BARRY SVCS-7/18 612.4610.5303 166.78 91555 08/05/99 100897 AMERICAN TEMPS DELGADO SVCS-7/23 220.4303.5303 608.00 91555 08/05/99 100897 AMERICAN TEMPS BARRY SVCS-7/23 640.4710.5303 250.18 91555 08/05/99 100897 AMERICAN TEMPS BARRY SVCS-7/23 612.4610.5303 166.78 2,049.92 91556 08/05/99 009750 BRENDA BARROW REIMB.PLAYGROUND SUPPLIES 010.4422.5256 105.46 91556 08/05/99 009750 BRENDA BARROW SNACK SUPPLIES 010.4425.5259 200.00 305.46 91557 08/05/99 010998 BETTER BEEP PAGER SVCS-AUG 640.4712.5303 20.00 91557 08/05/99 010998 BETTER BEEP PAGER SVCS-AUG 220.4303.5303 10.00 91557 08/05/99 010998 BETTER BEEP PAGER SVCS-AUG 010.4305.5303 20.00 50.00 91558 08/05/99 012792 FLOYD BRIDGE ADVANCE CRIME SCENE-BRIDGE 010.4201.5501 143.00 91558 08/05/99 012792 FLOYD BRIDGE ADVANCE INTERNET INVEST-BRIDGE 010.4201.5501 498.00 641. 00 91559 08/05/99 013884 KEVIN BURT S/BALL UMPIRE-BURT 010.4424.5352 35.00 35.00 91560 08/05/99 101283 CALIFORNIA ELECTRIC SUP LIGHT SWITCHES 010.4201.5323 207.81 207.81 91561 08/05/99 021762 CENTRAL COAST PRINTING SCAN BUDGET COVER 010.4102.5306. 143.72 143.72 91562 08/05/99 023322 CHRISTIANSON CHEVROLET RAD.CAP-PW51 612.4610.5601 5.13 5.13 91563 08/05/99 024832 COMMUNICATION SOLUTIONS TROUBLE SHOOT ORO BOOSTER 640.4712.5610 210.00 210.00 91564 08/05/99 101284 COURTYARD BY MARRIOTT RESV-BARRY BRIDGE 010.4201. 5501 972.00 972.00 91565 08/05/99 101296 ANGELA CUMINS REFUND AM/PM-CUMINS 010.0000.4602 82.00 82.00 91566 08/05/99 028548 DAYSTAR INDUSTRIES SPECIAL SWEEPS 612.4610.5303 112.50 91566 08/05/99 028548 DAYSTAR INDUSTRIES STREET SWEEPING 612.4610.5303 4,547.32 4,659.82 91567 08/05/99 100896 LISA DEL VAGLIO AM/PM SUPPLIES 010.4425.5255 100.00 91567 08/05/99 100896 LISA DEL VAGLIO REIMB.MILEAGE-DEL VAGLIO 010.4421.5501 70.99 170.99 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 08/03/99 15:19 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91568 08/05/99 100514 DEWAINE'S CRANE RENTAL CRANE 010.4430.5552 320.00 320.00 91569 08/05/99 029484 DIESELRO INC. VACTOR BOOM LIGHTS 640.4712.5603 340.16 91569 08/05/99 029484 DIESELRO INC. REPL. LIGHT 220.4303.5601 22.57 91569 08/05/99 029484 DIESELRO INC. PIVOT PIN/SHIM/BUSHING 010.4420.5603 166.45 529.18 91570 08/05/99 100968 DMG-MAXIMUS PROF SVCS-COLGAN 010.4145.5303 5,160.00 5,160.00 91571 08/05/99 101255 DORFMAN HOMES,INC. REF.L/SCAPE BOND-525 CLINTON 010.0000.2210 1,200.00 91571 08/05/99 101255 DORFMAN HOMES, INC. REF.L/SCAPE BOND-135 ANDRE 010.0000.2210 1,200.00 2,400.00 91572 08/05/99 101030 HENRY ENGEN ENGEN SVCS TO 7/30 010.4130.5303 3,285.00 3,285.00 91573 08/05/99 101291 FIRST UNITED METHODIST REF.PARK DEPOSIT-FIRST UNITED 010.0000.4354 25.00 25.00 91574 08/05/99 100691 FIVE CITIES-TIMES LEGAL 54256 010.4002.5301 269.50 91574 08/05/99 100691 FIVE CITIES-TIMES LEGAL 54267 010.4002.5301 66.00 335.50 91575 08/05/99 035802 FRANK'S LOCK & KEY INC CHANGE SAFE COMBO 010.4420.5605 50.00 50.00 91576 08/05/99 101293 CAROL DANA- FULLAM REF. PARK DEPOSIT-FULLAM 010.0000.4354 25.00 25.00 91577 08/05/99 037752 GOLDEN STATE USSSA SUMMER S/BALL LGE.REGISTRATION 010.4424.5252 459.00 459.00 91578 08/05/99 038376 GRAND AUTO PARTS LIGHT 220.4303.5601 22.89 91578 08/05/99 038376 GRAND AUTO PARTS CHAIN LUBE 010.4201.5601 3.10 91578 08/05/99 038376 GRAND AUTO PARTS TIRE FOAM 612.4610.5601 9.62 91578 08/05/99 038376 GRAND AUTO PARTS TOOLS/WD-40 010.4305.5603 21. 43 91578 08/05/99 038376 GRAND AUTO PARTS BATTERIES 010.4305.5603 28.71 85.75 91579 08/05/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 640.4710.5201 14.35 91579 08/05/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 71.86 91579 08/05/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4101. 5201 19.20 91579 08/05/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 640.4710.5201 5.60 91579 08/05/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4101. 5201 26.79 91579 08/05/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 640.4710.5201 26.30 91579 08/05/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 220.4303.5613 96.44 260.54 91580 08/05/99 101294 MARY GULARTE REF. PARK DEPOSIT-GULARTE 010.0000.4354 25.00 25.00 91581 08/05/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 270.20 91581 08/05/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 180.14 91581 08/05/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 180.44 91581 08/05/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 241. 28 91581 08/05/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 180.14 1,052.20 91582 08/05/99 041808 CRAIG HENDRICKS RESERVE COORD. UPDATE-HENDRICKS 010.4201.5501 180.88 91582 08/05/99 041808 CRAIG HENDRICKS FTO UPDATE-HENDRICKS 010.4201.5501 402. 96 583.84 91583 08/05/99 042174 HIGGINS ASSOCIATE, INC GRAND AVE CORRIDOR STUDY 350.5603.7701 1,030.00 1,030.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 08/03/99 15:19 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91584 08/05/99 101289 CHET HOGOBOOM ADULT S/BALL OT PLAYERS REF. 010.4424.5352 48.00 48.00 91585 08/05/99 043290 CHERI HULGAN CA. CRIME PREVENT-HULGAN 010.4201.5501 621. 04 621. 04 91586 08/05/99 045748 LP.A.T. FTO UPDATE-HENDRICKS/SOUZA 010.4201.5501 374.00 374.00 91587 08/05/99 046176 J J'S FOOD COMPANY ECON DEV TASK FORCE SUPPLIES 284.4103.5201 11.59 11. 59 91588 08/05/99 046410 J.W.ENTERPRISES TOILET RENTAL 220.4303.5552 91.73 91. 73 91589 08/05/99 101288 JOINT INSTRUMENTATION C REGIS-TAYLOR 640.4712.5501 30.00 30.00 91590 08/05/99 101237 BRYAN KENNEDY YOGA CLASSES-KENNEDY 010.4424.5351 5.60 5.60 91591 08/05/99 048360 LINDA KEY REIMB.PRE-SCHOOL TRICYLES 010.4423.5254 109.83 109.83 91592 08/05/99 050700 LAW ENFORCEMENT NEWS, I LAW ENFORC SUBSCRIPT 010.4201.5503 52.50 52.50 91593 08/05/99 051402 LECTRIC LITES CO. FIRE FLASH LITE 220.4303.5603 143.20 143.20 91594 08/05/99 100985 DOUG LINTNER S/BALL UMP-LINTNER 010.4424.5352 135.00 135.00 91595 08/05/99 053118 LUCIA MAR UN.SCH.DIST. ROOM USE-ART CLASSES 010.4424.5251 162.75 162.75 91596 08/05/99 101022 BURTON LUND LUND SVCS-8/2 010.4212.5303 400.00 400.00 91597 08/05/99 053390 M & M LOCK & KEY RE-KEY CC DOORS-ADA 010.4213.6401 60.00 60.00 91598 08/05/99 101295 CHERYAL MAY REF.O/PAY PARKING CITED3622 010.0000.4203 10.00 10.00 91599 08/05/99 100642 GEORGE MCGILLIGAN REF. PARK DEPOSIT-MCGILLIGAN 010.0000.4354 25.00 25.00 91600 08/05/99 056628 MID STATE BANK-MASTERCA GASOLINE 010.4201. 5608 125.78 91600 08/05/99 056628 MID STATE BANK-MASTERCA TRAINING EXPENSES 010.4201.5501 174.57 91600 08/05/99 056628 MID STATE BANK-MASTERCA REWRITABLE PAR PORT-FORENSIC 277.4206.5255 331. 95 91600 08/05/99 056628 MID STATE BANK-MASTERCA MEETING SUPPLIES 010.4201. 5501 20.00 652.30 91601 08/05/99 056394 MIDAS MUFFLER & BRAKE REP. BRAKE SYSTEM 640.4712.5601 593.81 91601 08/05/99 056394 MIDAS MUFFLER & BRAKE ALIGN/SERPENTINE BELT/OIL/LUBE 220.4303.5601 147.26 91601 08/05/99 056394 MIDAS MUFFLER & BRAKE WHEEL CYLINDERS/RESURFACE DRUM 220.4303.5601 443.27 1,184.34 91602 08/05/99 100879 MIDAS MUFFLER-SLO ALIGN/ROTATE/WIPER BLADE/LUBE 612.4610.5601 79.18 79.18 91603 08/05/99 057096 MINER'S ACE HARDWARE BUSHING HEX 010.4201.5604 1.69 91603 08/05/99 057096 MINER'S ACE HARDWARE IRRIGATION FITTINGS 010.4420.5605 17.92 91603 08/05/99 057096 MINER'S ACE HARDWARE CLOROX 640.4712.5274 1.60 91603 08/05/99 057096 MINER'S ACE HARDWARE COUPLING 640.4712.5610 4.28 91603 08/05/99 057096 MINER'S ACE HARDWARE MISC. HARDWARE 010.4420.5605 36.04 91603 08/05/99 057096 MINER'S ACE HARDWARE PAINT THINNER 640.4712.5610 3.21 91603 08/05/99 057096 MINER'S ACE HARDWARE HAMMERS 640.4712.5273 21.43 91603 08/05/99 057096 MINER'S ACE HARDWARE PIPE WRAP/DUCT TAPE/WIRE 640.4712.5610 121.75 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 08/03/99 15:19 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91603 08/05/99 057096 MINER'S ACE HARDWARE HAMMER HANDLES 640.4712.5273 9.85 91603 08/05/99 057096 MINER'S ACE HARDWARE EPOXY 640.4712.5610 32.16 249.93 91604 08/05/99 057272 MIKE MITCHELL S/BALL UMPIRE-MITCHELL 010.4424.5352 75.00 75.00 91605 08/05/99 101126 MORRO GROUP,INC. OAK TREE ANALYSIS-RESV#l 350.5903.7501 65.00 65.00 91606 08/05/99 100392 STEVE MOSLEY ADULT S/BALL UMPIRE-MOSLEY 010.4424.5352 165.00 165.00 91607 08/05/99 058890 RICHARD MUNOZ ADULT S/BALL UMPIRE-MUNOZ 010.4424.5352 45.00 45.00 91608 08/05/99 060642 NAT'L NOTARY ASSOC. NAT'L NOTARY ASSOC 010.4002.5503 34.00 34.00 91609 08/05/99 100984 SCOTT O'CONNELL S/BALL SCORER-O'CONNELL 010.4424.5352 91. 00 91. 00 91610 08/05/99 063960 PACIFIC BELL DATA LINE 473-0379 010.4140.5303 119.71 91610 08/05/99 063960 PACIFIC BELL FAX 473-0386 010.4145.5403 30.62 91610 08/05/99 063960 PACIFIC BELL PHONE 473-5100 010.4145.5403 738.60 888.93 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 169.60 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 217.4460.5355 7.29 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 138.44 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 131.84 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 822.88 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4712.5402 284.96 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4711.5402 8,811.30 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 612.4610.5402 883.87 91611 08/05/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4145.5401 5,531.98 16,782.16 91612 08/05/99 101292 WILLIAM PIERCE REF. PARK DEPOSIT-PIERCE 010.0000.4354 25.00 25.00 91613 08/05/99 067548 POOR RICHARD'S PRESS COPIES OF SPECS 350.5755.7301 103.01 103.01 91614 08/05/99 068000 PRESSURE VESSEL SERVICE SODIUM HYPOCHLORITE 640.4712.5274 308.78 308.78 91615 08/05/99 101259 REBECCA READ S/BALL SCORER-READ 010.4424.5352 42.00 42.00 91616 08/05/99 100989 REMEDIAL MANAGEMENT COR CP YARD FUEL FAC. REPLACEMENT 350.5401.7201 1,314.90 1,314.90 91617 08/05/99 101285 ROCKLIN POLICE DEPT. RESERVE COORD. UPDATE-HENDRICKS 010.4201.5501 25.00 25.00 91618 08/05/99 071682 GREG ROSE S/BALL UMP-ROSE 010.4424.5352 45.00 45.00 91619 08/05/99 101290 MARILYNN ROSS REF.PARK DEPOSIT-ROSS 010.0000.4354 25.00 25.00 91620 08/05/99 101286 S.C.HISTORICAL SOCIETY SANTA MANUELA SCHOOL RELOCATE 350.5508.7001 844.44 91620 08/05/99 101286 S.C.HISTORICAL SOCIETY RELOCATION OF HOUSE 350.5508.7001 17,132.00 17,976.44 91621 08/05/99 075130 SAN LUIS OBISPO CNTY.NE DISPLAY AD-SURPLUS ACTION 010.4145.5201 235.68 235.68 91622 08/05/99 075660 SAN LUIS PAINTS ACRYLIC PAINT 010.4430.5255 203.65 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 08/03/99 15:19 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91622 08/05/99 075660 SAN LUIS PAINTS CR:PAINT 010.4430.5255 113.88- 89.77 91623 08/05/99 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 147.00 147.00 91624 08/05/99 078234 SECURED STORAGE STORAGE CHARGES 010.4002.5303 24.00 24.00 91625 08/05/99 074490 SLO CNTY DEPT. HEALTH CROSS-CONNECTION MAY-JUNE 640.4710.5303 1,544.95 1,544.95 91626 08/05/99 101287 SLO CNTY IWMA PREP/EVAL-CURBSIDE RECYCLING 010.4001. 5201 1,000.00 1,000.00 91627 08/05/99 080106 SMITH AND LOVELESS,INC PUMP PARTS-LIFT#3 612.4610.5610 11 7.07 117.07 91628 08/05/99 081120 SO CALIF MUNI ATHL FED SUMMER S/BALL LGE.REGISTRATION 010.4424.5257 385.00 385.00 91629 08/05/99 080886 SOUTHERN AUTO SUPPLY RUBBING COMPOUND/PAINT REMOVER 640.4712.5601 28.21 91629 08/05/99 080886 SOUTHERN AUTO SUPPLY TIRE CLEANER 010.4305.5603 17.12 91629 08/05/99 080886 SOUTHERN AUTO SUPPLY WATER BUCKET 010.4305.5603 24.16 69.49 91630 08/05/99 081200 JEFF SOUZA F.T.O UPDATE-SOUZA 010.4201. 5501 402.96 402.96 91631 08/05/99 081432 BOB SPEAR ADULT S/BALL UMPIRE-SPEAR 010.4424.5352 120.00 120.00 91632 08/05/99 084084 TAYLOR'S TUNE-UP SHOP REPL.PLUG WIRES/DIST.CAP 220.4303.5601 148.90 148.90 91633 08/05/99 084708 RICK TERBORCH CPOA CONFERENCE-TERBORCH 010.4201.5501 568.28 568.28 91634 08/05/99 085644 TOSTE GRADING & PAVING TACK OIL 220.4303.5613 112.50 112.50 91635 08/05/99 085664 TOM TOTH ADULT S/BALL UMPIRE-TOTH 010.4424.5352 165.00 165.00 91636 08/05/99 085878 TRANS-KING TRANSMISSION TRANSMISSION SERVICE 220.4303.5601 112.39 112.39 91637 08/05/99 085956 TREADWAY GRAPHICS DARE NOTECARDS 010.4201.5504 6.00 6.00 91638 08/05/99 086346 TROESH READY MIX CONCRETE 220.4303.5307 38.34 38.34 91639 08/05/99 086736 DOTTIE TRULOCK DOG OBEDIENCE CLASSES 010.4424.5351 937.60 937.60 91640 08/05/99 088084 UNITED GREEN MARK,INC. SPRINKLER SUPPLIES 010.4420.5605 31.16 91640 08/05/99 088084 UNITED GREEN MARK, INC. SPRINKLER REPR.PARTS 010.4420.5605 58.72 89.88 91641 08/05/99 087672 UNITED RENTALS RENTAL-PRESSURE WASHER 010.4420.5552 116.22 91641 08/05/99 087672 UNITED RENTALS WELDING GLOVES 010.4420.5603 10.73 126.95 91642 08/05/99 087398 USA BLUE BOOK CHLORINE PUMP 640.4712.5609 200.91 91642 08/05/99 087398 USA BLUE BOOK CURB WRENCH 640.4712.5273 157.91 358.82 91643 08/05/99 089270 JOSHUA VASQUEZ S/BALL UMPIRE-VASQUEZ 010.4424.5352 105.00 105.00 91644 08/05/99 090480 WAYNE'S TIRE WHEEL BARROW TIRE 010.4420.5603 20.91 91644 08/05/99 090480 WAYNE'S TIRE REPR.TIRE 010.4430.5601 12.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 08/03/99 ].5:19 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91644 08/05/99 090480 WAYNE'S TIRE REPR.TRACTOR TIRE 010.4420.5603 18.00 91644 08/05/99 090480 WAYNE'S TIRE TIRES 010.4430.5601 167.06 217.97 91645 08/05/99 100431 WILLARD PAPER CO COpy PAPER 010.4102.5255 291. 72 91645 08/05/99 100431 WILLARD PAPER CO PAPER/ENVELOPES/NCR 010.4102.5255 288.40 580.12 91646 08/05/99 093444 DAN WULFING CPOA CONFERENCE-WULFING 010.4201.5501 642.28 642.28 91647 08/05/99 101260 JENNIFER WYSONG ADULT S/BALL SCORER-WYSONG 010.4424.5352 84.00 84.00 91648 08/05/99 093522 XEROX CORPORATION COPIER MAINT 010.4301. 5602 188.10 188.10 91649 08/05/99 093794 SHARON YOUNG PROF.SVCS-POLICE PERSONNEL 010.4201.5303 125.00 125.00 TOTAL CHECKS 83,076.24 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 08/03/99 15:19 VOUCHER/CHECK REGISTER FOR PERIOD 15 FUND TITLE AMOUNT 010 GENERAL FUND 38,934.37 217 LANDSCAPE MAINTENANCE DISTRICT 7.29 220 STREETS FUND 3,657.69 277 98-99 FED LOCAL LAW ENF BL GRT 331. 95 284 REDEVELOPMENT AGENCY FUND 11.59 350 CAPITAL IMPROVEMENT FUND 20,489.35 612 SEWER FUND 6,198.25 640 WATER FUND 13,445.75 TOTAL 83,076.24 . ATTACHMENT C VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 08/04/99 10:13 VOUCHER/CHECK REGISTER FOR ALL PERIODS 98/99 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 145 08/02/99 009008 BANKCARD CENTER ADOBE ACROBAT SOFTWARE 010.4140.5602 212.17 145 08/02/99 009008 BANKCARD CENTER HYATT HOTEL-SAN JOSE 010.4201. 5501 108.90 145 08/02/99 009008 BANKCARD CENTER LOCC CONF-FERRARA/TOLLEY 010.4001. 5501 560.00 145 08/02/99 009008 BANKCARD CENTER ORAL BOARD SUPPLIES 284.4103.5201 49.90 145 08/02/99 009008 BANKCARD CENTER NNA MEMBERSHIP 010.4301.5503 59.00 145 08/02/99 009008 BANKCARD CENTER STANDARD PLAN BOOK 010.4301. 5503 187.44 145 08/02/99 009008 BANKCARD CENTER TRIP GENERATION MANUAL 6TH 010.4130.5503 275.00 145 08/02/99 009008 BANKCARD CENTER AC ADAPTER 010.4140.5602 73.23 145 08/02/99 009008 BANKCARD CENTER 32 MB DIMM SDRAM 010.4140.5602 196.61 145 08/02/99 009008 BANKCARD CENTER ZIP 100MB 010.4140.5602 105.65 145 08/02/99 009008 BANKCARD CENTER OFFICERS MTG.MEAL 010.4211.5501 58.45 145 08/02/99 009008 BANKCARD CENTER MEETING SUPPLIES 010.4211.5501 66.72 145 08/02/99 009008 BANKCARD CENTER UNIFORM SHIRT/BELT 010.4211. 5143 171. 06 145 08/02/99 009008 BANKCARD CENTER UNIFORM TROUSERS 010.4211.5143 296.21 2,420.34 91650 08/06/99 004252 CAROL ANDERSON MEETING SUPPLIES 284.4103.5201 22.49 91650 08/06/99 004252 CAROL ANDERSON PHONE CORD/SPLITTER 010.4101.5201 10.71 91650 08/06/99 004252 CAROL ANDERSON CC MEETING SUPPLIES 010.4001. 5504 20.00 91650 08/06/99 004252 CAROL ANDERSON FILM/ORAL BOARD SUPPLIES 010.4101. 5201 20.19 91650 08/06/99 004252 CAROL ANDERSON GASOLINE 220.4303.5501 10.00 91650 08/06/99 004252 CAROL ANDERSON PHONE CORD 010.4120.5201 6.96 91650 08/06/99 004252 CAROL ANDERSON OFFICE SUPPLIES 010.4130.5201 16.67 91650 08/06/99 004252 CAROL ANDERSON MEETING SUPPLIES 284.4103.5309 28.34 91650 08/06/99 004252 CAROL ANDERSON FILM PROCESSING 010.4101. 5201 6.41 91650 08/06/99 004252 CAROL ANDERSON REIMB.RETIREMENT SUPPLIES 010.4301. 5201 65.85 91650 08/06/99 004252 CAROL ANDERSON CSMFO MEETING SUPPLIES 010.4120.5501 24.00 91650 08/06/99 004252 CAROL ANDERSON FILM/PHOTO PROCESSING 010.4130.5201 19.49 91650 08/06/99 004252 CAROL ANDERSON MEETING SUPPLIES 010.4130.5201 8.75 91650 08/06/99 004252 CAROL ANDERSON MEETING SUPPLIES 010.4001.5201 4.88 91650 08/06/99 004252 CAROL ANDERSON POSTAGE 010.4130.5201 20.41 91650 08/06/99 004252 CAROL ANDERSON MEETING SUPPLIES 010.4130.5201 24.00 91650 08/06/99 004252 CAROL ANDERSON POSTAGE 010.4130.5201 4.39 91650 08/06/99 004252 CAROL ANDERSON POSTAGE 010.4301. 5201 2.50 91650 08/06/99 004252 CAROL ANDERSON MEETING SUPPLIES 010.4301. 5501 14.00 91650 08/06/99 004252 CAROL ANDERSON REIMB.PARKING 010.4212.5501 1.50 91650 08/06/99 004252 CAROL ANDERSON MEETING SUPPLIES 010.4130.5201 1.28 91650 08/06/99 004252 CAROL ANDERSON REF. TAXI COUPON 225.0000.4777 30.00 91650 08/06/99 004252 CAROL ANDERSON TC MILEAGE REIMB 010.4301.5608 5.89 91650 08/06/99 004252 CAROL ANDERSON OFFICE SUPPLIES 010.4301. 5201 5.99 91650 08/06/99 004252 CAROL ANDERSON PHOTO PROCESSING 010.4130.5201 31. 61 91650 08/06/99 004252 CAROL ANDERSON KITCHEN SUPPLIES 010.4001. 5201 10.61 91650 08/06/99 004252 CAROL ANDERSON FILM 010.4101. 5201 7.50 91650 08/06/99 004252 CAROL ANDERSON REIMB.DL-SHAUGAN 612.4610.5501 19.00 91650 08/06/99 004252 CAROL ANDERSON PHOTO PROCESSING 010.4130.5201 30.80 91650 08/06/99 004252 CAROL ANDERSON CASH SHORT 010.0000.4801 .50 474.72 91651 08/06/99 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4001. 5201 15.00 15.00 91652 08/06/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301.5201 25.26 25.26 91653 08/06/99 036426 GTE WIRELESS CELL PHONE-P&R DIR 010.4421.5602 32.22 32.22 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 08/04/99 10:13 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91654 08/06/99 061814 NOBLE SAW, INC. CR:AIR FILTERS 220.4303.5603 29.17- 91654 08/06/99 061814 NOBLE SAW, INC. WEEDLINE 220.4303.5603 188.97 159.80 91655 08/06/99 074412 SLO CNTY DEPT. ENGINEERS SURPLUS WATER USAGE TO 3/31 641.4750.5612 27,418.07 27,418.07 91656 08/06/99 082040 STAPLES KEYBOARD/MOUSE/PADS 010.4140.5602 65.34 91656 08/06/99 082040 STAPLES KEYBOARD &. MOUSE 010.4140.5602 35.54 100.88 91657 08/06/99 083382 SUPERIOR QUALITY COPIER COPY MAINTENANCE 010.4102.5602 5,400.00 91657 08/06/99 083382 SUPERIOR QUALITY COPIER COPIER MAINTENANCE-CORP YARD 612.4610.5201 45.00 91657 08/06/99 083382 SUPERIOR QUALITY COPIER COPIER MAINTENANCE-CORP YARD 640.4710.5201 45.00 91657 08/06/99 083382 SUPERIOR QUALITY COPIER COPIER MAINTENANCE-CORP YARD 220.4303.5201 45.00 91657 08/06/99 083382 SUPERIOR QUALITY COPIER COPIER MAINTENANCE-CORP YARD 010.4420.5201 45.00 91657 08/06/99 083382 SUPERIOR QUALITY COPIER COPIER MAINTENANCE-CORP YARD 010.4305.5201 45.00 91657 08/06/99 083382 SUPERIOR QUALITY COPIER COPY MAINT OVERAGE 010.4102.5602 1,674.27 7,299.27 91658 08/06/99 088424 URBAN FUTURES INC. RDA PROF. SVCS 284.4103.5303 1,309.08 1,309.08 91659 08/06/99 090246 JOHN WALLACE &. ASSOC. UG STORAGE TANK REPLACEMENT 350.5401.7301 737.26 91659 08/06/99 090246 JOHN WALLACE &. ASSOC. DON ROBERTS FIELD 350.5501.7301 25.38 91659 08/06/99 090246 JOHN WALLACE & ASSOC. GRAND AVE CORRIDOR STUDY 350.5603.7301 117.30 91659 08/06/99 090246 JOHN WALLACE & ASSOC. OPTICOM DEVICES 350.5604.7301 75.00 91659 08/06/99 090246 JOHN WALLACE & ASSOC. OPTICOM DEVICES 350.5604.7501 165.50 91659 08/06/99 090246 JOHN WALLACE & ASSOC. BIKEWAY PROJECT ONE 350.5606.7301 3,325.88 91659 08/06/99 090246 JOHN WALLACE & ASSOC. CREEKSIDE PATH 350.5607.7301 602.50 91659 08/06/99 090246 JOHN WALLACE & ASSOC. BRIDGE STREET BRIDGE DECK REHA 350.5608.7301 242.88 91659 08/06/99 090246 JOHN WALLACE & ASSOC. OAK PARK BLVD. WIDENING 350.5609.7301 100.00 91659 08/06/99 090246 JOHN WALLACE & ASSOC. STREET SEAL-COAT PROJECT 350.5612.7301 39.50 91659 08/06/99 090246 JOHN WALLACE & ASSOC. PAVEMENT MANAGEMENT SYSTEM 350.5613.7701 39.50 91659 08/06/99 090246 JOHN WALLACE & ASSOC. BRISCO/l0l INTERCHANGE ALTS 350.5615.7301 128.00 91659 08/06/99 090246 JOHN WALLACE & ASSOC. EL CAMPO/l0l INTERCHANGE ALTS 350.5616.7301 448.00 91659 08/06/99 090246 JOHN WALLACE & ASSOC. CENTRAL COAST TOWN CENTER 350.5617.7301 656.90 91659 08/06/99 090246 JOHN WALLACE & ASSOC. MONTEGO STREET SIDEWALKS 350.5622.7301 50.00 91659 08/06/99 090246 JOHN WALLACE & ASSOC. MONTEGO STREET SIDEWALKS 350.5622.7501 830.38 91659 08/06/99 090246 JOHN WALLACE & ASSOC. PARKING LOT BEHIND CITY HALL 350.5623.7501 2,599.53 91659 08/06/99 090246 JOHN WALLACE & ASSOC. DRAINAGE MASTER PLAN/FINANCE A 350.5752.7701 1,323.44 91659 08/06/99 090246 JOHN WALLACE & ASSOC. DISASTER SVCS 1998 (DR-1203) 350.5755.7501 2,956.80 91659 08/06/99 090246 JOHN WALLACE & ASSOC. SEWER/WATER RATE STUDY 350.5805.7301 226.50 91659 08/06/99 090246 JOHN WALLACE & ASSOC. GRAND AVE ELM TO HALCYON 350.5806.7501 15,551. 97 91659 08/06/99 090246 JOHN WALLACE & ASSOC. RESERVOIR #1 DESIGN 350.5903.7501 344.80 91659 08/06/99 090246 JOHN WALLACE & ASSOC. WATER MASTER PLAN 350.5904.7701 82.50 91659 08/06/99 090246 JOHN WALLACE & ASSOC. GENERAL CONSULTING SVCS 010.4301. 5303 11,465.92 42,135.44 TOTAL CHECKS 81,390.08 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 08/04/99 10:13 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 010 GENERAL FUND 21,538.88 220 STREETS FUND 214.80 225 TRANSPORTATION FUND 30.00 284 REDEVELOPMENT AGENCY FUND 1,409.81 350 CAPITAL IMPROVEMENT FUND 30,669.52 612 SEWER FUND 64.00 640 WATER FUND 45.00 641 LOPEZ FUND 27,418.07 TOTAL 81,390.08 ATTACHMENT D VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 08/11/99 08:27 VOUCHER/CHECK REGISTER FOR PERIOD 15 99/00 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91661 08/13/99 101123 A.D. STARR SOFTBALLS 010.4424.5257 996.95 996.95 91662 08/13/99 000700 ACCURATE AUDIO/VIDEO CLEAN VCR 010.4201.5603 55.00 55.00 91663 08/13/99 001300 AGRI-TURF SUPPLIES,INC. DOLOMARK LIME/PALLET DEPOSIT 010.4430.5255 241. 28 241. 28 91664 08/13/99 001482 AIR-VOL BLOCK, INC 2 SLUMP COLUMN 010.4420.5605 5.49 5.49 91665 08/13/99 003120 AMERICAN INDUSTRIAL SUP SOUND METER 010.4305.5255 211.28 211.28 91666 08/13/99 100897 AMERICAN TEMPS DELGADO SVCS-8/1/99 220.4303.5303 608.00 91666 08/13/99 100897 AMERICAN TEMPS BARRY SVCS-8/1/99 640.4710.5303 250.18 91666 08/13/99 100897 AMERICAN TEMPS BARRY SVCS-8/1/99 612.4610.5303 166.78 1,024.96 91667 08/13/99 004914 APEX SHARPENING WORKS BLADE-WEED EATER 010.4420.5603 14.96 91667 08/13/99 004914 APEX SHARPENING WORKS LIDS-WEED EATER 220.4303.5603 39.25 91667 08/13/99 004914 APEX SHARPENING WORKS CARBUATOR-WEED EATER 220.4303.5603 78.28 132.49 91668 08/13/99 005772 ARROYO GRANDE COMM. HOS PRE-EMPLOY PHYS-BLANKENBURG 010.4425.5315 132.00 91668 08/13/99 005772 ARROYO GRANDE COMM. HOS PRE-EMPLOY PHYS-HOLT 220.4303.5315 445.00 91668 08/13/99 005772 ARROYO GRANDE COMM. HOS DMV PHYS-MADRID 220.4303.5315 65.00 91668 08/13/99 005772 ARROYO GRANDE COMM. HOS PRE-EMPLOY PHYS-ROMANO 010.4301.5315 257.50 91668 08/13/99 005772 ARROYO GRANDE COMM. HOS DRUG SCREEN 010.4211.5324 40.00 91668 08/13/99 005772 ARROYO GRANDE COMM. HOS HEP B-MACHADO .010.4201.5303 55.00 994.50 91669 08/13/99 006552 ARROYO MEDICAL GROUP IN PRE EMPLOY.PHYS-CAMA 010.4201.5315 110.00 110.00 91670 08/13/99 100674 ASAP BLUEPRINTING & COP 5 CITIES CTR PLANS COPIED 010.4130.5201 108.04 108.04 91671 08/13/99 010062 BAUER COMPRESSORS,INC. COMPRESSOR PARTS 010.4211.5325 722.48 722.48 91672 08/13/99 100104 CHANNING L. BETE CO,INC BICYCLE SAFETY BOOKS/STICKERS 010.4201.5597 1,497.31 1,497.31 91673 08/13/99 013026 BRISCO MILL & LUMBER WINDEX/LIGHT BLUES/MASONITE 010.4201.5604 23.57 91673 08/13/99 013026 BRISCO MILL & LUMBER HOOKS/SCREWS 640.4712.5604 12.28 91673 08/13/99 013026 BRISCO MILL & LUMBER DUST PAN/VALVES/TOILET KIT 010.4213.5604 113.92 91673 08/13/99 013026 BRISCO MILL & LUMBER TOILET SEAT/KEY/CLEANER 010.4213 .5604 78.37 91673 08/13/99 013026 BRISCO MILL & LUMBER PAINT BRUSH/SHOP VAC FILTER 010.4201.5604 17.87 91673 08/13/99 013026 BRISCO MILL & LUMBER KNOB/DRILL BIT/DUSTER/WASHER 010.4213.5604 18.01 91673 08/13/99 013026 BRISCO MILL & LUMBER POSTS 220.4303.5613 31. 96 295.98 91674 08/13/99 013572 BRUMIT DIESEL,INC VERNIER CABLE 010.4211. 5601 89.88 91674 08/13/99 013572 BRUMIT DIESEL,INC VERNIER CABLE 010.4211.5601 53.24 143.12 91675 08/13/99 101310 CATHY BUCKNUM REF.PARK DEPOSIT-BUCKNUM 010.0000.4354 25.00 25.00 91676 08/13/99 013806 BURKE AND PACE OF AG PLYWOOD 220.4303.5613 190.27 190.27 91677 08/13/99 021940 C.COAST TAXI CAB SERVIC TAXI SVCS-7/16-7/31 225.4553.5507 989.25 989.25 91678 08/13/99 018876 CA. ST. DEPT. TRANSPORTATI SIGNAL MAINT/POWER 010.4304.5303 124.92 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 08/11/99 08 :27 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91678 08/13/99 018876 CA. ST. DEPT. TRANSPORTATI SIGNAL MAINT/POWER 010.4304.5402 168.47 293.39 91679 08/13/99 015210 CAL.CRlME PREVENT.OFF.A CCPOA MEMBERSHIP-HULGAN/HEATH 010.4201. 5503 50.00 50.00 91680 08/13/99 019266 CALIFORNIA UNIFORM CTR. VEST-JENSEN 010.4201.5272 533.57 533.57 91681 08/13/99 021762 CENTRAL COAST PRINTING DOOR HANGERS PRINTED 640.4710.5201 76.81 76.81 91682 08/13/99 021918 CENTRAL COAST SUPPLY FLOOR WAX 010.4213.5604 122.00 91682 08/13/99 021918 CENTRAL COAST SUPPLY FLOOR CLEANER/WAX 019.4213.5604 73.79 91682 08/13/99 021918 CENTRAL COAST SUPPLY R/R CLEANING SUPPLIES 010.4420.5605 321. 91 517.70 91683 08/13/99 023088 CHERRY LANE NURSERY TREE TIES 010.4420.5605 11.45 91683 08/13/99 023088 CHERRY LANE NURSERY TREE TIES 010.4420.5605 11.45 91683 08/13/99 023088 CHERRY LANE NURSERY FLOWERING CHERRY 010.4420.5605 63.12 91683 08/13/99 023088 CHERRY LANE NURSERY BOUGANVILEA 010.4420.5605 16.08 91683 08/13/99 023088 CHERRY LANE NURSERY OFFICE PLANTS 010.4420.5605 42.81 91683 08/13/99 023088 CHERRY LANE NURSERY GOPHER CAGES 010.4420.5605 14.45 91683 08/13/99 023088 CHERRY LANE NURSERY LIQUID AMBER TREES 010.4420.5308 104.78 91683 08/13/99 023088 CHERRY LANE NURSERY TREE TIES 010.4420.5605 95.45 91683 08/13/99 023088 CHERRY LANE NURSERY LIQUID AMBER TREE 010.4420.5308 52.39 91683 08/13/99 023088 CHERRY LANE NURSERY BRADFORD PEAR 010.4420.5308 52.39 91683 08/13/99 023088 CHERRY LANE NURSERY AQUA SHADE/COPPER SULFATE 010.4420.5274 370.12 91683 08/13/99 023088 CHERRY LANE NURSERY FERTLIZER 010.4420.5274 19.28 853.77 91684 08/13/99 101302 GRETA CHRISTENSEN REF. SOCCER CAMP-CHRISTENSEN 010.0000.4605 36.00 36.00 91685 08/13/99 023322 CHRISTIANSON CHEVROLET DETERGENT 010.4211.5603 18.02 91685 08/13/99 023322 CHRISTIANSON CHEVROLET REPL.BATTERY 010.4201.5601 259.38 91685 08/13/99 023322 CHRISTIANSON CHEVROLET LUBE/OIL/ROTATE TIRES/WIPERS 010.4201.5601 97.85 91685 08/13/99 023322 CHRISTIANSON CHEVROLET REPR.RADIO 010.4301.5601 96.64 471.89 91686 08/13/99 101029 COASTAL IMAGING PRINTER TONER 010.4130.5201 42.79 42.79 91687 08/13/99 024832 COMMUNICATION SOLUTIONS REVIEW-R.G.BOOSTER STATION 640.4710.5303 175.00 175.00 91688 08/13/99 100326 COOKIE CROCK WAREHOUSE FILM PROCESSING JULY 010.4201.5255 106.13 106.13 91689 08/13/99 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 30.00 91689 08/13/99 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 15.00 45.00 91690 08/13/99 026832 CUESTA EQUIPMENT CO PVC PIPE SAW 640.4712.5273 8.81 91690 08/13/99 026832 CUESTA EQUIPMENT CO HEX BIT SET 010.4211.5273 92.45 91690 08/13/99 026832 CUESTA EQUIPMENT CO ROTOHAMMER/JAW PULLER 010.4420.5273 252.76 91690 08/13/99 026832 CUESTA EQUIPMENT CO CR : JAW PULLER ARM 010.4420.5273 28.60- 325.42 91691 08/13/99 029250 J.B. DEWAR,INC. RED DIESEL FUEL 010.0000.1202 1,388.15 1,388.15 91692 08/13/99 029484 DIESELRO INC. REPR.REAR SEAL 010.4420.5603 333.10 91692 08/13/99 029484 DIESELRO INC. TRANS. TEMP. SENDER 640.4712.5601 24.44 357.54 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 08/11/99 08:27 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91693 08/13/99 029562 DISCOUNT SCHOOL SUPPLY PLAYGROUND SUPPLIES 010.4422.5256 307.03 91693 08/13/99 029562 DISCOUNT SCHOOL SUPPLY PRE-SCHOOL CRAFT SUPPLIES 010.4423.5253 693.93 91693 08/13/99 029562 DISCOUNT SCHOOL SUPPLY AM/PM CRAFT SUPPLIES 010.4425.5255 564.43 91693 08/13/99 029562 DISCOUNT SCHOOL SUPPLY AM/PM CRAFT SUPPLIES 010.4425.5255 62.09 91693 08/13/99 029562 DISCOUNT SCHOOL SUPPLY AM/PM CRAFT SUPPLIES 010.4425.5255 10.72 1,638.20 91694 08/13/99 100956 DOKKEN ENGINEERING ENGINEERING SVCS 350.5616.7701 14,702.80 91694 08/13/99 100956 DOKKEN ENGINEERING ENGINEERING SVCS-JUNE 350.5615.7701 17,909.45 32,612.25 91695 08/13/99 031942 ELECTRONIC PARTS SUPERM RADIO EQUIPMENT PARTS 010.4211.5603 56.96 56.96 91696 08/13/99 033072 FARM SUPPLY CO. SPRINKLER PARTS 010.4420.5605 104.44 104.44 91697 08/13/99 100691 FIVE CITIES-TIMES LEGAL 54288 010.4130.5301 94.50 91697 08/13/99 100691 FIVE CITIES-TIMES LEGAL 54293 010.4002.5301 286.00 380.50 91698 08/13/99 035840 FRAZEE PAINT & WALLCOVE PAINT 010.4213.5604 8.24 8.24 91699 08/13/99 100700 G & M MOBILE SERVICE REPL.HYDRO PUMP 220.4303.5603 150.00 91699 08/13/99 100700 G & MMOBILE SERVICE REPL.OIL PRESSURE SENDING 220.4303.5601 185.45 91699 08/13/99 100700 G & M MOBILE SERVICE REPL.PLUG WIRES/SPARK PLUGS 220.4303.5601 217 . 63 91699 08/13/99 100700 G & M MOBILE SERVICE REPL.STARTER/BATTERY 010.4301.5601 377.32 91699 08/13/99 100700 G & M MOBILE SERVICE R&R TRANSMISSION 010.4430.5601 493.54 91699 08/13/99 100700 G & M MOBILE SERVICE REPL.MASTER CYL 010.4430.5601 310.74 1,734.68 91700 08/13/99 036738 GALL'S INC SCREWS 010.4201.5255 36.37 36.37 91701 Q8/13/99 101103 GARVEY EQUIPMENT COMPAN BRUSH BLADE 220.4303.5603 423.91 423.91 91702 08/13/99 101303 PAMELA GARZA REF.SOCCER CAMP-GARZA 010.0000.4605 56.00 56.00 91703 08/13/99 100485 GOLD COAST FLORAL FLOWERS-LONDON,MARTIN 010.4201.5504 53.63 53.63 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4424.5257 7.27 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301. 5201 51. 38 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4211. 5201 9.23 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4201.5201 6.54 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4201.5201 72.20 91704 08/13/99 038454 GRAND OFFICE~ SUPPLY OFFICE SUPPLIES 010.4101.5201 176.96 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4201. 5201 20.36 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301. 5255 106.18 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4130.5201 4.28 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 19.81 91704 08/13/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 41.46 515.67 91705 08/13/99 038572 GRAND SLAM BASEBALL CAM BASEBALL CAMP 010.4424.5351 1,444.00 1,444.00 91706 08/13/99 101307 OSCAR GRASELL REF. PARK DEPOSIT-GRASELL 010.0000.4354 75.00 75.00 91707 08/13/99 039100 GRID NETWORK GRID ACCOUNT THRU 8/21 010.4140.5607 24.95 24.95 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 08/11/99 08:27 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91708 08/13/99 039312 CITY OF GROVER BEACH DOG OBEDIENCE 010.4424.5351 161. 20 161.20 91709 08/13/99 039234 GROVER CITY NAPA AUTO LIT.LIC.LAMP 010.4211.5601 10.91 10.91 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-FIRE CHIEF 010.4211.5403 20.79 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-FIRE DIV 010.4211.5403 19.17 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-P.DIRECT 010.4421. 5602 56.68 91710 08/13/99 036426 GTE WIRELESS CELL PHONEcP.SUPER 010.4421. 5602 15.36 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-PD 010.4201. 5403 65.55 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-PD 010.4201. 5403 24.57 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-PD 010.4201.5403 15.30 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-PD 010.4201. 5403 22.83 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-PD 010.4201. 5403 16.51 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-PD 010.4201. 5403 16.51 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-PD 010.4201.5403 22.10 91710 08/13/99 036426 GTE WIRELESS CELL PHONE-AUTO 010.4305.5403 26.41 321.78 91711 08/13/99 039780 HAINES & CO. LEASE-C.C.CROSS DIRECT . 010.4201. 5255 162. 94 162.94 91712 08/13/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5603 210.56 91712 08/13/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 270.80 481.36 91713 08/13/99 101308 STACY HARMON REF. PARK DEPOSIT-HARMON 010.0000.4354 25.00 25.00 91 714 08/13/99 041184 HEACOCK WELDING NORTH . PADDLE LATCH 220.4303.5601 5".36 5.36 91 715 08/13/99 043056 HOTLINE OF SLO CNTY 2 HUMAN SVCS.DIRECTORIES 010.4201. 5255 44.00 44.00 91716 08/13/99 101236 DAWN HUDSON POTTERY CLASSES-HUDSON 010.4424.5351 108.20 108.20 91717 08/13/99 044050 IKON OFFICE SOLUTIONS,I COPIER MAINTENANCE/USAGE 010.4421. 5602 107.18 107.18 91718 08/13/99 100117 IMAGING PRODUCTS INT'L FILM 010.4201.5255 173.75 91718 08/13/99 100117 IMAGING PRODUCTS INT'L POLAROID FILM 010.4201. 5255 24,2.47 416.22 91719 08/13/99 046098 J C LANDSCAPING L/SCAPE MAINT 010.4420.5303 380.00 91719 08/13/99 046098 J C LANDSCAPING L/SCAPE MAINT 217.4460.5356 120.00 500.00 91720 08/13/99 046176 J J'S FOOD COMPANY CMC SUPPLIES 220.4303.5613 15.79 91720 08/13/99 046176 J J'S FOOD COMPANY MEETING SUPPLIES 010.4201.5504 147.56 91720 08/13/99 046176 J J'S FOOD COMPANY BBQ SUPPLIES 220.4303.5613 110.48 91720 08/13/99 046176 J J'S FOOD COMPANY BBQ SUPPLIES 220.4303.5613 8.67 282.50 91721 08/13/99 100892 JONES CARPET & UPHOLSTE CLEAN CARPETS 010.4213.5303 125.00 125.00 91722 08/13/99 100783 KIRBY'S MOTORCYCLES FRONT WHEEL VISE 010.4201. 5601 187.65 187.65 91723 08/13/99 050894 LAWSON PRODUCTS, INC. OFFICE SUPPLIES .010.4211.5601 193.47 193.47 91724 08/13/99 101301 MARTIN, ROBERT REF.WATER DEPOSIT-257 STAGECOA 640.0000.2302 180.00 91724 08/13/99 101301 MARTIN,ROBERT CLOSING BILL-257 STAGECOACH 640.0000.4751 29.28- 150.72 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 08/11/99 08:27 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91 725 08/13/99 101252 MCI TELECOMMUNICATIONS L/DIST PHONE 5100 010.41~5.5403 4.31 91725 08/13/99 101252 MCI TELECOMMUNICATIONS FAX 473-2198 010.4145.5403 .85 5.16 91726 08/13/99 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER/SAFETY INSPECT 640.4712.5601 55.69 91726 08/13/99 056394 MIDAS MUFFLER & BRAKE SERVICE BATTERY 010.4201. 5601 25.00 91726 08/13/99 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER/INSPECT 640.4712.5601 54.62 135.31 91727 08/13/99 099236 MIDDLE HOUSE REF. PARK DEPOSIT-HEDRICK 010.0000.4354 50.00 50.00 91728 08/13/99 056940 MIER BROS. CONCRETE 612.4610.5610 76.25 91728 08/13/99 056940 MIER BROS. 2 YARDS-AGRI-BLEND 010.4420.5605 51.48 127.73 91730 08/13/99 057096 MINER'S ACE HARDWARE SCRAPER/PAINTBRUSHERS 220.4303.5613 20.08 91730 08/13/99 057096 MINER'S ACE HARDWARE LIQUID NAILS 010.4211. 5601 3.20 91730 08/13/99 057096 MINER'S ACE HARDWARE DRILL BIT 010.4213.5273 3.42 91730 08/13/99 057096 MINER'S ACE HARDWARE PVC TARP 010.4213.5604 2.13 91730 08/13/99 057096 MINER'S ACE HARDWARE POTTING SOIL/SEEDS 010.4420.5605 34.56 91730 08/13/99 057096 MINER'S ACE HARDWARE CR:POTTING SOIL 010.4420.5605 .54- 91730 08/13/99 057096 MINER'S ACE HARDWARE POTTING SOIL 010.4420.5605 2.15- 91730 08/13/99 057096 MINER'S ACE HARDWARE SCREWDRIVERS/TENSION RODS 010.4420.5605 74.60 91730 08/13/99 057096 MINER'S ACE HARDWARE SALT 640.4712.5609 14.11 91730 08/13/99 057096 MINER'S ACE HARDWARE SALT 640.4712.5609 14.11 91730 08/13/99 057096 MINER'S ACE HARDWARE PAINT/PAINTBRUSHES/PAIL 640.4712.5609 37.77 91730 08/13/99 057096 MINER'S ACE HARDWARE BATTERIES/SCREWDRIVER 010.4420.5605 75.69 91730 08/13/99 057096 MINER'S ACE HARDWARE HOSE WASHERS/ADAPTERS 640.4712.5610 7.15 91730 08/13/99 057096 MINER'S ACE HARDWARE HOSE ADApTER 640.4712.5610 2.13 91730 08/13/99 057096 MINER'S ACE HARDWARE PAINTBRUSHES/EPOXY 612.4610.5610 35.77 91730 08/13/99 057096 MINER'S ACE HARDWARE NUTS/BOLTS/WASHERS 612.4610.5610 .82 91730 08/13/99 057096 MINER'S ACE HARDWARE EPOXY 612.4610.5610 31. 09 91730 08/13/99 057096 MINER'S ACE HARDWARE CLEANER/SOCKET 010.4430.5605 20.11 91730 08/13/99 057096 MINER'S ACE HARDWARE AMMONIA SULFATE/WD40 010.4430.5605 14.75 91730 08/13/99 057096 MINER'S ACE HARDWARE PAINTBRUSHES 640.4712.5255 7.66 91730 08/13/99 057096 MINER'S ACE HARDWARE PAINT/THINNER 640.4712.5610 35.37 91730 08/13/99 057096 MINER'S ACE HARDWARE PAINTBRUSHES/EPOXY 612.4610.5610 34.29 466.12 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 93.00 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5143 23.75 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 35.00 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 220.4303.5143 111.10 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 220.4303.5255 42.00 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 640.4712.5143 83.56 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 612.4610.5143 32.50 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 99.10 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 18.86 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 53.22 91731 08/13/99 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4305.5143 59.00 651.09 91732 08/13/99 058578 MULLAHEY FORD CHECK ENGINE LIGHTS 010.4201.5601 384.60 384.60 91733 08/13/99 060098 NAT'L DARE OFFICERS ASS DARE MEMBERSHIP-HEATH 010.4201. 5503 25.00 25.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 08/11/99 08:27 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91 734 08/13/99 101275 JAMES O'DONNELL CO. 30% ADA IMPROVEMENTS-CC 010.4213.6401 5,890.50 5,890.50 91735 08/13/99 062100 ON-DUTY UNIFORM~ & EQUI 5 PUNCTURE PROOF GLOVES 010.4201.5272 190.01 190.01 91736 08/13/99 062712 ORCHARD SUPPLY HARDWARE 2 CLOSET KIT-ASH R/R 010.4420.5605 30.01 30.01 91737 08/13/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 44.70 44.70 91738 08/13/99 067782 DENNIS PORTE PUPPY PLAY SCHOOL-PORTE 010.4424.5351 311.50 311.50 91739 08/13/99 067890 PRAXAIR DISTRIBUTION,IN OXYGEN 010.4211.5206 15.60 15.60 91740 08/13/99 069148 R & T EMBROIDERY,INC EMBROIDERY UNIFORM 010.4211.5272 36.47 91 740 08/13/99 069148 R & T EMBROIDERY,INC EMBROIDERY SHIRT 010.4211.5272 7.39 43.86 91741 08/13/99 101297 RAYVERN LIGHTING SUPPLY LIGHT BULBS 010.4430.5605 451.00 451.00 91742 08/13/99 100210 JIM RITTERBUSH REIMB.CFCD FIRE MEETING 010.4211.5501 10.00 10.00 91743 08/13/99 100723 RON'S NURSERY MAYTEN TREE 010.4420.5308 80.43 80.43 91744 08/13/99 073320 SAN JOAQUIN SUPPLY CO. BOWL CLEANER 010.4213.5604 23.38 23.38 91745 08/13/99 100192 SAN LUIS MAILING SVC WATER BILLS MAILING-JULY 640.4710.5201 888.22 888.22 91746 08/13/99 075816 SAN LUIS POWERHOUSE REBUILT ALTERNATOR 010.4211. 5601 209.14 209.14 91747 08/13/99 101299 SANDSTORM CONTRACTING SANDBLAST M/C TRAILER 010.4201. 5601 150.00 150.00 91748 08/13/99 077414 SCHIERLOH'S AUTO ELECTR DIAG.SHORT-PW21 220.4303.5601 92.36 92.36 91749 08/13/99 077532 ALLEN SCHOFIELD ELECTRI REMOVE LIGHT FIXTURE/REPLACE 010.4201. 5604 175.00 91749 08/13/99 077532 ALLEN SCHOFIELD ELECTRI INSTL.FLOOD LIGHT 010.4213.5604 318.00 493.00 91750 08/13/99 077572 SCHOOL SPECIALTY,INC. PRE-SCHOOL SUPPLIES 010.4423.5254 122.59 91750 08/13/99 077572 SCHOOL SPECIALTY,INC. PRE-SCHOOL SUMMER SUPPLIES 010.4423.5254 84.24 206.83 91751 08/13/99 078156 SEBASTIAN OIL DISTRIB. FILTERS/OIL 010.4211.5608 279.82 91751 08/13/99 078156 SEBASTIAN OIL DISTRIB. FUEL 010.4211.5608 174.61 91751 08/13/99 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201. 5608 1,396.54 1,850.97 91752 08/13/99 078468 SENSUS TECHNOLOGIES,INC TRPL WATER METERS 640.4712.5207 5,616.47 91752 08/13/99 078468 SENSUS TECHNOLOGIES,INC CR:WATER METERS 640.4712.5207 77.00- 5,539.47 91753 0'8/13/99 101306 SERPA PACKAGING SOLUTIO REF. PARK DEPOSIT-SERPA PACK 010.0000.4354 25.00 25.00 91754 08/13/99 075114 SLO CNTY GENERAL HOSPIT LEGAL TOX SCREEN 010.4201.5324 728.00 728.00 91755 08/13/99 073654 SLOCAPRA SLOCAPRA MEMBERSHIP-HERNANDEZ 010.4421. 5503 20.00 20.00 91756 08/13/99 101298 JODEE SMITH CREATIVE. DRAMA CLASS 010.4424.5351 252.00 252.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 08/11/99 08:27 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91757 08/13/99 080340 SNAP-ON TOOLS CORP SNAPRING PLIERS/OILER/WELDING 010.4305.5273 303.84 303.84 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY BATTERY CHARGER/VALVE 010.4211. 5601 203.09 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY SEAT BELT LATCH 010.4211. 5601 187.69 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY LAMP/WIPER REFILL 010.4211.5601 10.48 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY WIPER REFILL 010.4211. 5601 11.97 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY AC BELT 010.4211. 5601 9.83 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY AIR FILTER 010.4211.5601 21. 99 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY CR:WIPER BLADES 010.4211. 5601 11.16- 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY BELT 010.4211. 5601 17.37 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY FUEL COND 010.4305.5255 13.86 91758 08/13/99 080886 SOUTHERN AUTO SUPPLY ELECTRODE HOLDER 010.4305.5603 20.85 485.97 91759 08/13/99 101013 SPECTRUM PAINTING PAINTING 010.4213.6401 1,150.00 91759 08/13/99 101013 SPECTRUM PAINTING PAINTING-CC 010.4213.6401 1,840.26 2,990.26 91760 08/13/99 082328 STERLING COMMUNICATIONS MOUNTING BRACKETS/FACEPLATE 010.4211. 5603 36.70 91760 08/13/99 082328 STERLING COMMUNICATIONS NlCAD BATTERY 010.4211.5603 89.02 91760 08/13/99 082328 STERLING COMMUNICATIONS SEPT.99 SERVICE CONTRACT 010.4201.5606 995.00 1,120.72 91761 08/13/99 082836 STREATOR PIPE & SUPPLY PIPE 640.4712.5610 48.26 48.26 91762 08/13/99 101305 THE CITY CHURCH REF. PARK DEPOSIT-CITY CHURCH 010.0000.4354 25.00 25.00 91763 08/13/99 101300 TORAKI TRADING CO. LTD. GOLD JACKET/PANTS 010.4201.5255 296.95 296.95 91 764 08/13/99 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SVCS-248 ALLEN 010.4130.5201 101. 92 91764 08/13/99 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 299.59 91764 08/13/99 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 116.09 517.60 91765 08/13/99 101009 UNISOURCE MAINT SUPPLY P.TOWELS/BLEACH/SEAT COVERS 010.4213.5604 464.48 91765 08/13/99 101009 UNISOURCE MAINT SUPPLY T.PAPER/LlNERS/CLEANING SPLYS 010.4213.5604 83.88 548.36 91766 08/13/99 088084 UNITED GREEN MARK,INC. VALVE REPR.KIT 010.4420.5605 16.41 91766 08/13/99 088084 UNITED GREEN MARK,INC. SPRINKLERS 010.4420.5605 42.87 59.28 91767 08/13/99 088842 VALLEY AUTO SERVICE TIRE REPAIR 010.4211. 5601 40.34 91767 08/13/99 088842 VALLEY AUTO SERVICE WASTE OIL DISPOSAL 010.4211.5601 30.00 70.34 91768 08/13/99 100960 VECTOR PDTS,INC GLOVES/WIPES/ANTIBACT.SOAP 010.4201.5272 319.61 319.61 91769 08/13/99 101309 WILLIAM WALKER REF.C/B DEPOSIT-WALKER 010.0000.2206 250.00 91769 08/13/99 101309 WILLIAM WALKER BLDG. SUPER-WALKER 010.0000.4355 32.00- 218.00 91770 08/13/99 090480 WAYNE'S TIRE LUBE/OIL/FILTERS/WIPERS/INSPT 010.4305.5601 55.46 91770 08/13/99 090480 WAYNE'S TIRE TIRE REPAIR 010.4305.5601 59.00 91770 08/13/99 090480 WAYNE'S TIRE SPLIT RIM FLAT REPAIR 010.4305.5601 59.00 91770 08/13/99 090480 WAYNE'S TIRE CR:TIRE REPAIR 010.4305.5601 59.00- 114.46 91771 08/13/99 090948 WEST COVINA WHOLESALE N 2 MAGNOLIAS 010.4420.5308 85.80 85.80 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 8 08/11/99 08 :27 VOUCHER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 91772 08/13/99 101304 DEBORAH WILSON REF. PARK DEPOSIT-WILSON 010.0000.4354 25.00 25.00 91773 08/13/99 093210 WORKRITE SHIRT/CAP 010.4211.5272 75.59 75.59 TOTAL CHECKS 82,160.88 --~- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 9 08/11/99 08:27 VOUCHER/CHECK REGISTER FOR PERIOD 15 FUND TITLE AMOUNT 010 GENERAL FUND 37,208.57 217 LANDSCAPE MAINTENANCE DISTRICT 120.00 220 STREETS FUND 3,321. 95 225 TRANSPORTATION FUND 989.25 350 CAPITAL IMPROVEMENT FUND 32,612.25 612 SEWER FUND 377.50 640 WATER FUND 7,531.36 TOTAL 82,160.88 ATTACHMENT E CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 7/23/99 TO 8/05/99 08/13/99 FUND 010 217,977.96 Salaries Full time 121,163.84 FUND 220 10,509.10 Salaries Part-Time 35,215.49 FUND 284 Salaries Over-Time 11,179.76 FUND 612 4,556.18 Holiday Pay 4,282.70 FUND 640 11,556.74 Sick Pay 2,687.30 244,599.98 Annual Leave Pay Vacation Buy Back - Vacation Pay 11,919.50 Comp Pay 3,540.53 Annual Leave Pay 722.80 PERS Retirement 13,615.00 Social Security 13,279.43 PARS Retirement 332.48 State Disability Ins. 62.99 Health Insurance 20,864.17 Dental Insurance 3,787.63 Vision Insurance 686.62 Life Insurance 484.74 Long Term Disability - Uniform Allowance Car Allowance 300.00 Council Expense 375.00 Employee Assistance Motor Pay 100.00 Total: 244,599.98 -~-.-_..---~_.._-_._._--_. ---....- Ib MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE~ SUBJECT: CASH FLOW ANALYSIS/APPROVAL OF INTERFUND ADVANCE FROM THE SEWER FACILITY FUND DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended the City Council: . Accept the June 1999 cash report, . Approve the interfund advance of $1,010,535 from the Sewer Facility Fund to cover cash deficits in other funds as of June 30, 1999. FUNDING: No outside funding is required. ---- A IT ACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At June 30, 1999 Balance at Recommended Revised Fund 6/30/1999 Advances Balance 010 General Fund 1,537,379 1,537,379 213 Park Development 266,177 266,177 217 Landscape Maintenance 20,333 20,333 220 Street (Gas Tax) Fund 101,715 101,715 222 Traffic Signalization 420,194 420,194 223 Traffic Circulation 382,739 382,739 224 Transportation Facility Impact 1,425,926 1,425,926 225 Transportation 79,590 79,590 226 Water Neutralization Impact 2,162 2,162 230 Construction Tax 245,865 245,865 231 Drainage Facility 20,112 20,112 271 State COPS Block Grant Fund 3,656 3,656 274 Federal Universal Hiring Grant (326) 326 0 275 96-97 Fed Local Law Enforcement Grant 0 0 276 97-98 Fed Local Law Enforcement Grant 88 88 277 98-99 Fed Local Law Enforcement Grant 5,636 5,636 284 Redevelopment Agency (247,967) 247,967 0 285 Redevelopment Set Aside 2,538 2,538 350 Capital Projects (743,424) 743,424 0 466 Canyon Way Bond Fund 11,317 11,317 612 Sewer Fund (18,818) 18,818 0 634 Sewer Facility 1,279,457 (1,010,535) 268,922 640 Water Fund 2,102,917 2,102,917 641 Lopez 1,460,329 1,460,329 642 Water Facility 1,108,663 1,108,663 751 Downtown Parking 54,297 54,297 760 Sanitation District Fund 99,169 99,169 761 Rubbish Collection Fund 9,988 9,988 Total City Wide Cash 9,629,712 0 9,629,712 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF JUNE 30, 1999 - --~--_._._~..__._- -. ---~---- ~ 9c MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 10,1999 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL CITY COUNCIL MEETING Mayor Lady called the meeting to order at 6:42 P.M. Mayor Pro Tem Ferrara, Council Members Runels, Tolley, Dickens, City Manager Hunt, and City Attorney Carmel were present. 1. PUBLIC COMMENT: None. 2. CLOSED SESSION: Mayor Lady announced that the Council was going to meet in closed session to discuss the following matter: PUBLIc EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957 Title: Community Development Director - 3. CLOSED SESSION ANNOUNCEMENTS: There was no reportable action from the closed session. 4. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjolirned at 7:01 P.M. to the regular City Council meeting of August 10, 1999. MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK CITY COUNCIL MINUTES TUESDAY, AUGUST 10, 1999 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Honorable Mayor Lady called the regular City Council meeting of the City of Arroyo Grande to order at 7:05 p.m. 2. ROLL CALL City Council: X Council Member Runels X Council Member Tolley ..x. Council Member Dickens ..x. Mayor Pro Tem Ferrara ..x. Mayor Lady STAFF PRESENT .lLCity Manager .lLCity Attorney lDirector of Administrative Services .lLChief of Police _Director of Building and Fire - _Director of Community Development .lLDirector of Public Works .lLDirector of Parks and Recreation .lLDirector of Financial Services 3. FLAG SALUTE Kay Silva, representing Arroyo Grande Community Hospital Volunteer Auxiliary, led the Pledge of Allegiance. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW City Manager Hunt stated that there was a corrected page for Item 9.e. relating to the Minutes of the City Council Meeting of July 27, 1999. ~ CITY COUNCIL MINUTES AUGUST 10, 1999 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y Council Member Runels moved, Council Member Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. PUBLIC HEARINGS None. S. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS None. 9. CONSENT AGENDA Council Member Runels requested the Council pull Item 9.m. for discussion. Council Member Runels commented that the proposed slurry seal project includes Bridge Street, from East Branch Street to Traffic Way; however, a portion of Bridge Street, Nelson Street to Traffic Way, was reconstructed three years ago. He suggested eliminating that portion of Bridge Street from the project and replacing it with Noguera Place. Public Works Director Spagnolo explained how the streets for the project are put together in a block concept. He said that the project could be modified as directed by the Council. Mayor Pro Tem Ferrara moved and Council Member Runels seconded the motion to approve Consent Agenda Items 9a. through 9q., with -the recommended courses of action, and with the modification noted on Item 9.m. as discussed. a. Cash Disbursement Ratification. Approved. b. Statement of Investment Deposits. Approved. c. Annual Report - Fiscal Year 1998-99 Cash Activity in Transportation Facilities Development Impact Fund. Approved. d. Reduction of Tract 1158 Assessment. Resolution No. 3383 adopted. e. Minutes of City Council Meeting of July 27,1999. Approved as corrected.. f. Rejection of Claim Against City - Mark Werts. Rejected Claim. g. Authorization to Solicit Bids - Replacement of Four Police Department Portable Radios. Approved. h. Rejection of Bid - Police Vehicle Maintenance Contract. Rejected Bid. i. Authorization to Purchase Two Police Department Vehicles. Approved. j. YMCA Surrender of Leasehold. Approved. k. Authorization to Solicit Bids for Forklift. Approved. I. Award of Bid - Public Works Utility Vehicle. Approved. m. Authorization to Solicit Bids - Fall 1999/00 Pavement management Project. Approved. n. Adoption of Labor Contract with Service Employees' International Union, Local 620. Resolution No. 3384 adopted. 2 CITY COUNCIL MINUTES AUGUST 10, 1999 o. Approval of Salary/Benefit Adjustments for Management. Resolution No. 3385 adopted. p. Reporting of PERS Employer Members Contribution as Compensation. Resolution No. 3386 adopted. q. Determination of Industrial Disability. Resolution No. 3387 adopted. _Voice Vote 2LRolI Call Vote ~Lady ~Ferrara ~Runels ~Tolley AyLDickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11.a. NEW BUSINESS: FUNDING OF SLOCOG'S CENSUS 2000 COMPLETE COUNT PROGRAM City Manager Hunt highlighted the Staff Report. He explained thatSLOCOG has agreed to coordinate the census effort based on contributions from the cities in San Luis Obispo County. He stated that an accurate census count was important since Federal and State funding is based on population. He stated that staff recommended the City Council: 1. Agree to participate in SLOCOG's Census 2000 Complete Count Program at the $175,000 Program level (an $11,589 contribution from Arroyo Grande); and 2. Authorize an appropriation from the General Fund Unreserved Fund Balance in the amount of $11,589. Ron DeCarli, San Luis Obispo Council of Governments (SLOCOG) Executive Director, explained that State funds for the census count would be going to the bigger urban areas. He expressed how important it was to coordinate a regional effort for the census in order to get an accurate count. He explained that nationwide there is a 5% undercount that relates to approximately two million people. Mr. DeCarli said that with SLOCOG coordinating the census count for the region, it would target populations that would seem most likely not to respond such as the elderly, migrant farm workers, homeless people, students, and lower income persons. He answered questions from Council relating to the range of funding being provided from each jurisdiction in the County for the program and how homeless persons are counted. Mayor Lady opened up the discussion for public comment. 3 CITY COUNCIL MINUTES AUGUST 10, 1999 Richard Venable, 849 Mesa Drive, asked if the proposed local funding was above and beyond what the Federal Government is paying for the census. Mayor Lady responded that was correct. Hec;1ring no further comments, Mayor Lady closed the public discussion. Council Member Runels moved to approve staff recommendations, and Council Member Tolley seconded the motion. _Voice Vote LRolI Call Vote AyLLady ~Ferrara ~Runels AyLTolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.b. ADOPTION OF SPEED LIMITS ON LA CANADA. OAK PARK BOULEVARD. RANCHO PARKWAY. AND VISTA DRIVE Public Works Director Spagnolo highlighted the Staff Report. Council Member Runels asked if the proposed speed limit for Oak Park Boulevard would match the speed limit the City of Grover Beach set on its segment of Oak Park Boulevard. Director Spagnolo responded that it matched. Mayor Lady opened the discussion for public comment. Hearing no comments, he closed the public discussion to the floor. Mayor Pro Tem Ferrara commented that his focus was on La Canada and Rancho Parkway and he thought the proposed speed limits were right on. He said the speed limits would help for enforcement purposes as the Five Cities Center is built out. II Mayor Pro Tem Ferrara moved to adopt the resolution certifying the radar speed " surveys. Council Member Tolley seconded the motion. _Voice Vote L..RolI Call Vote ~ Lady ~ Ferrara ~ Runels AyJ1 Tolley ~ Dickens 4 CITY COUNCIL MINUTES AUGUST 10, 1999 There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.c. MODI FICA TION TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT Financial Services Director Snodgrass highlighted the Staff Report. Mayor Lady opened up the discussion for public comment. Bill Andrews, 207 Garden, spoke in favor of the military service credit modification and stated that the modification does not carry any cost to the City. Hearing no further comments, Mayor Lady closed. the public discussion to the floor. Council Member Tolley moved to approve and authorize the Mayor to sign on behalf of the City the Resolution of Intention to approve an amendment to the contract with the California Public Employees' Retirement System; and introduced for first reading by title only an Ordinance amending the contract with the California Public Employees' Retirement System to include Section 21027 - Military Service Credit for Retired Persons, and Section 21362 - 2% at 50 Supplemental and Modified Formula for fire members. Council Member Dickens seconded the motion. - Voice Vote LRolI Call Vote - An- Lady An- Ferrara An- Runels A'iJL Tolley AyjL Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.d. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE City Manager Hunt highlighted the Staff Report. After Council discussion on who would be attending the conference, Mayor Pro Tem Ferrara moved to appoint' Council Member Tolley as the Voting Delegate and himself as the alternate for the League of California Cities Annual Conference. Council Member Runels seconded the motion. 5 CITY COUNCIL MINUTES AUGUST 10,1999 - Voice Vote LRolI Call Vote AyJL Lady AyJL Ferrara AyJL Runels AyjL Tolley AyJL Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 12. COUNCIL COMMUNICATIONS Council Member Runels reported that there are some problems with the Lopez Water Line in relation to the Village Center project. Zone 3 is working with the developer to fix the problem. 13. STAFF COMMUNICATIONS None. 14. ADJOURNMENT Mayor Pro Tem Ferrara moved, Mayor Lady seconded, and the motion passed unanimously to adjourn the meeting. Time: 7:44 p.m. - MICHAELA LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK 6 lei MEMORANDUM TO: CITY COUNCIL FROM: ROBERT L. HUNT, CITY MANAGE~ SUBJECT: MODIFICATION TO POLICY/PROCEDURE FOR CONDUCTING COUNCIL BUSINESS DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended the City Council adopt the attached resolution modifying the attached Policy/Procedure For Conducting City Council Business. FUNDING: There is no fiscal impact. DISCUSSION: On December 9, 1997, the City Council adopted Resolution No. 3264 establishing a Policy/Procedure For Conducting City Council Business. On April 2ih, the City Council adopted Resolution No. 3361 changing the time regular City Council meetings begin from 7:30 p.m. to 7:00 p.m., effective July 1, 1999. The change in meeting time necessitates a change to the adopted Policy/Procedure document. Therefore, staff recommends the adoption of the attached resolution. Alternatives The following alternatives are presented for Council consideration: . Adopt the attached resolution; . Modify as appropriate and adopt the attached resolution; . Reject the attached resolution and take no action; or, . Provide direction to staff. -----.--- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS WHEREAS, the City Council of the City of Arroyo Grande does desire to amend the Policy/Procedure For Conducting City Council Business. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: 1. The Policy/Procedure For Conducting City Council Business ("Policy/Procedure"), adopted by Resolution No. 3264 on December 9, 1997, js hereby amended as set forth in Exhibit A attached hereto and incorporated herein. 2. The City Manager is hereby authorized. and directed to post copies and/or extracts of said Policy/Procedure in suitable places for the guidance of the public. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: - ABSENT: the foregoing Resolution was passed and adopted this day of ,1999. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: << KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK APPROVED AS TO CONTENT: tbrL.~ ROBERT L. HUNT, CITY MANAGER - APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY , EXHIBIT A ARROYO GRANDE CITY COUNCIL POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS OF Adopted by ReSolutio~ Deoember. 1997 , . ,. . .' . POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS The following guidelines are to assist the City Council in the conduct of City business and are procedural only. Failure to strictly observe such procedures shall not affect the jurisdiction of the Council nor invalidate any action taken at a meeting that is otherwise held in conformance with the law.- Except as otherwise provided for in this Policy, any special rule adopted by the City Council, or as otherWise provided by state statute, the procedures of the City Council meetings shall be governed by the latest revised edition of "Sturgis Standard Code of Parliamentary Procedure," as modified by Council practices. The City Attorney is designated as the parliamentarian for City Council meetings. The City Manager shall preside as the parliamentarian in the City Attorney's absence. MEETINGS A. The City Council shall meet in regular session on the second and fourth Tuesdays of each month. B. Business at regular sessions shall be conducted from ~ _ PM to 12 Midnight only, unless extended by unanimous consent of the Council Members present. C. Special adjourned meetings and study sessions of the City Council may be called by a majority vote of the City Council. D. The order of business for the City Council shall be as arranged by the City Manager, except for matters set at a specific time by the Council. ADDRESSING THE CITY COUNCIL Each person desiring to address the Council shall proceed to the speaker's stand upon recognition from the Mayor. The speaker shall state for the record his/her name and address. Unless further time is granted by the Mayor, (unless overruled by a majority vote of the Council), the speaker shall limit his/her remarks to three (3) minutes. All remarks shall be pertinent to the subject at hand. All remarks must be addressed to the Council as a whole and not to any Member individually. No questions shall be asked of a Council Member or member of City staff without the permission of the Mayor. 1 ADDRESSING THE CITY COUNCIL (continued) A. In order to avoid repetitious presentations and delay in the business of the Council, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request a spokesperson be chosen by the group to represent its position. B. After a motion has been made and seconded, or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Mayor or a majority vote of the Council. PROCEDURES A. Council ordinances and resolutions must be reviewed in written form before binding action is taken on same. B. A Council order applies mainly as a directive to City officers or employees. It need not be in writing, as it generally applies to one specific act only. C. In the absence or inability of the Mayor and the Mayor Pro Tern to attend a meeting of the City :Council, the Members present shall select one Member to temporarily preside. - D. A motion shall not be debated or "put to vote", unless the same is seconded. When a motion is seconded, if requested, it shall be stated by the Mayor or City Clerk before debate. E. Upon a motion having been made and seconded, it shall be deemed to be in possession of the Council, but it may be withdrawn at any time, before decision or amendment. with the assent of a second. F. A Member called to order should relinquish the floor, unless permitted to explain; and the Council, if appealed to, shall decide on the case, but without debate. If there is no appeal, the decision of the Mayor shall be final. G. Upon demand of any Council Member, or at the discretion of the Mayor, the vote shall be by roll call, except that the vote on all ordinances or resolutions shall be by roll call vote. H. Tie votes shall be lost motions. 2 PROCEDURES (continued) I. Tie votes on the appeal of a Commission/Board/Committee or staff decision sustain the action of the Commission/Board/Committee, or staff. J. Every Council Member, unless disqualified by reason of a conflict of interest or as otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body. K. Any Council Member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. L. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention. M. In order to avoid any attack on the validity of Council hearings, Council Members shall avoid forming final conclusions or making commitments with proponents and opponents during any meetings, conferences, or discussions regarding the merits of the matter or issue before the body, including but not limited to, specific zoning and related land-use proposals, compr~hensive planning, and like matters. N. - A motion to reconsider a legislative or quasi-legislative action taken by the Council may be made only at the same meeting at which the action was taken. Quasi-judicial actions shall not be subject to a motion to reconsider. COMMITTEES A. The Council shall appoint committees as deemed necessary for the proper conduct of City business. B. No committee shall include in its membership more than two (2) Council Members. , C. The City Manager, or his/her designee, shall be an ex-officio member of all committees. AGENDAS A. Agendas for the Council will be prepared by the City Manager. 3 AGENDAS (continued) B. Agendas shall be posted on a bulletin board, publicly accessible, in City Hall and/or the Council Chamber. MISCEllANEOUS A. Items referred to departments for action by the City Council shall be routed through the City Manager's Office. . B. The City Council shall occasionally review this Policy/Procedure. C. Amendments to this Policy/Procedure shall be by majority vote of the Council. 4 Ie MEMORANDUM TO: CITY COUNCIL FROM: ROBERT L. HUNT, CITY MANAGE~4 ~ SUBJECT: APPOINTMENTS TO SENIOR ADVISORY COMMISSION AND ARCHITECTURAL REVIEW COMMITTEE DATE: AUGUST 24,1999 RECOMMENDATION: It is recommended the City Council approve: . Mayor Pro Tem Ferrara's appointment of William J. Harrer to the Senior Advisory Commission; and, . Council Member Tolley's appointment of Joseph Henry Taylor to the Architectural Review Committee. FUNDING: There is no fiscal impact. DISCUSSION: Senior Advisory Commission Member Jeannette Tripodi submitted her resignation on August 6, 1999. Ms. Tripodi was the appointment of Mayor Pro Tem Ferrara. Arch itectu ral Review Committee Member Craig R. Smith submitted his resignation on June 15, 1999. Mr. Smith was the appointment of Council Member Tolley. On January 14, 1997, the City Council adopted Ordinance No. 481 amending the composition of applicable Commissions and Boards from seven to five members and also adopted Resolution No. 3192 establishing Council policy as it relates to the appointment procedure to the Boards and Commissions. It is recommended the Council approve the appointment of William J. Harrer to the Senior Advisory Commission and approve the appointment of Joseph Henry Taylor to the Architectural Review Committee. --~.~~.~~---- -~ . ' CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE _ Planning Commission RECEIVED _ Parks and Recreation Commissig~TY OF ARROYO GRANDE . Traffic Commission 99 AUG 12 PH 3' 58 Years Lived in Arroyo Grande I ~ --y7'" Senior Advisory Commission · Registered Voter of Arroyo Grande _ Special Committees (Architectural Review. etc.) Yes L- No_ NAME IC>//;'~ q: HARR~~ HOME ADDRESS ?6Cj Ave.. Je.. 'DJ"'~~ PHONE ~-491-I$o~ PRESENT i"':> _1' J PRESENT EMPLOYER Je::- e..n1te.,C1.. POSITION OFFICE BUSINESS ADDRESS TELEPHONE EDUCATIONAL BACKGROUND High School College (0 'E5 ~JaB~ ADDITIONAL EDUCATIONAL INFORMATION COMMUNITY AND CIVIC INTERESTS W- P ~~ cf-~c;../~A:5 The City Council would like to have the names of three (3) Arroyo Grande References: NAME ADDRESS 1. To.:,./, Fe.~ru. 15f1 i/ri4 .fj1J~ 2. D,J..J,J.. cr N~y /Y]AN'~I~ ?CI) k'k!. d.e.. 'DJ~~ 3.-P/..U~~ ~.:r~ t.Jk 7J!() -do- ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission. First and Third Tuesday of each month, 7:30 p.m. Yes _ No_ Parks and Recreation Commission. Second Wednesday of each month, 6:00 p.m. Yes _ No_ Traffic Commission, Monday Previous to Third Tuesday of each month, 7:30 p.m. Yes _ No_ Senior Advisory Commission. First Wednesday of each month, 6:00 p.m. Yes ~ No_ Special Committee (i.e. Architectural Review Committee, etc.), Various meeting times and date )-,./, Yes No Signa1ure ~,~ Dale A6~)~!flCj The Arroyo Grande City Counc equests information about your interest (and education, if applicable), in serving on a commission or committee. specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, or a Special Committee. Please note such information on the reverse side of this form. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED (11/02198) CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE RECftVED _ Planning Commission CITY OF AR OYO GRANDE , I.. _ _ Parks and Recreation Commission YeaA~nUrofAtJ:JJ t;> _ Traffic Commission _ Senior Advisory Commission Registered Voter of Arroyo Grande ~ Special Committees ~ral Review. etc.) Yes~ No_ NAME Jeeet='''' He:.N~Y TA'((...c)~ FAtA HOME ADDRESS 4-iO N.OS:!.-. ~-r, PHONEJ7~'30e~ PRESENT PRESENT EMPLove~--"eT~Ftep - ~eM\. posmON A \'C.G-H t TeCT. . - "-0" " <. .___._..__....~_._ OFFICE BUSINESS - ADDRESS- ~ ~ ~ . 5AM'S. TELEPHONE <eJAN'<C: ~. ....- EDUCATIONAL BACKGROUND High School N.O~'TH HOW-Y\Nt:)OD HiG", ~~OOI-College UMtVraR9T'rVaF=~~CAL- ADDITIONAL EDUCATIONAL INFORMATION fAANAGt="~T J:. ~(jPiiiRV1S01<.IA L 1'""RA(N \NG COMMUNITY AND CIVIC INTERESTS "9'R. ORAL e,OAt=tO COMM \ .e:6 10 t-.&efIi. wtTH e,"'A'\"S e,O.A~ or: -.- A~C;HrreiCiU~CAI.:r~';;;--';;;~E.~E Ot=~lC5RSS Ass-c:;JC-;;;-;;;;------- AM~ ~r-CANL&c:;,((') N --~r:e:../1(:M-S.... -- N~r~Mt:!~CS>-....1='~IJ.:OW AMe~ \r"'Af,J I f'..l5T ,-rUT!!! OP ,Apt,CH rTS:c::..,-e The City Council would Uke to have the names of three (3) Arroyo Grande References: tW& ADDRESS 1. M....,. OAVI P~~p.W ~91:; ~ ~AN"T'ON. W'AV 2. MR. GeroRc;e R::>W.E:~~ f6>~1 ~1~FtRA D~. 3. D~~ A L-I..AN H ;-~rA lMcrvrc:H------------- . --1i\~RROYO-M1eprc.AL G JtOUP -- ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOVVN BELOW: Planning Commission. First and Third Tuesday of each month. 7:30 p.m. Yes_ No_ Parks and Recreation Commission, Second Wednesday of each month, 6:00 p.m. Yes_ No_ Traffic Commission, Monday Previous to Third Tuesday of each month. 7:30 p.m. Yes_ No_ Senior AdvisOfy Commission, First Wednesday of each month, 6:00 p.m. Yes_ No - Special Committee (i.e. Architectural Review Committee, etc.). Various meeting Urnes and ~ Yes ........ No Signaluno "e/I, ~ Dale Y I,!t.. Y '2." 1\9~ The Arroyo Grande City Council requests information about your irterest (and education, if applicable), in serving on a commission or committee, specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission. Traffic Commission, Senior Advisory Commission, or a Special Committee. Please note such information on the reverse side of this form. Thank you for your interest. TUIO CnD&lIO A UATTCD nc DIIDII~ DCrnDn ~- I HAVE THE GREATEST DESIRE TO MAINTAIN THE ENVIRONMENT OF OUR CITY AS IT HAS ALWAYS BEEN HISTORICALLY. I BEllEVE DEVR.OPMENT CAN OCCUR. If THE PlANNING, IN OUR CITY I OBSERVES GOOD STANDARDS OF PlANNING WHICH PROVIDES PROPER SEPARATION Of' CONA.1CT1NG USES, AND APPROPRIATE TRAFfIC CONTROlS WHICH RESPECT THE REQUIREMENTS OF RESlDBfnAl AND COMMERCIAL DEVELOPMENT. THIS FIVE-CmEs AREA IS SO DE5lRABLE THAT I BELIEVE THAT A PROPERBAlAHCE OF THE RESIDENTIAl AND COMMERCIAL DEVelOPMeNT IS EXTREMElY IMPORTANT TO OUR COMMUNITY TO MAINTAIN THE COMMUNITY IN THE FASHION IT HAS ALJNAYS BEEN, AS I BEUEVE THE POPULATION WIll TRIPLE IN THE NEXT TEN YEARS. I DON'T WANT OUR CTY BE JUST ANOTHER EXTENSION OF THE KIND OF THINKING OR LACK THEREOF UKE THE GREATER Los ANGElES IS. . - . Professionat Experience -Joseph Henry Taytor. 470Noet St., Arroyo Grande-473-3088 State of California Registration No. C-5296-Feflow Emeritus in American Institute of Architects Southern Cafifomia Chapter Total responsibility as the Head ArchiteCbJraI Designer or the Chief Architect Administrator of Contract Designs by Independent Architectural Consultants. In either capacity I was responsibfe for the ultimate resulting design. There are five Phases of Architecture, and to properly design a facifity.large or smaD. you must enforce each phase to arrive at the appropriate design. The Phases are Program Development, Schematic Design. Design Development. Contract Documents. and Construction Management. The fast twenty years of my experience with the City Of Los Angeles. The Port of Los Angeles, and the Metropolitan Transit Authority, I performed at the level described above. The twenty years prior I was a senior design architect responsible for the performance of building and facility designs. By that I mean J personally produced all phases of design documents oecessaryto complete the projects. My staff consisted of between 45 and 75 arcmtectural and engineering professional peI'SOI1nej, 5 admintstn1tive personnet, and a cfericaj staff of between 5 and 10 personnel. A partial tist of My Projects: The Harbor Department Administrative Office Building The Station Designs for the Red Line Subway for Los Angetes and Joint Oevetopment programs adjacent to stations Piper Technical Center An Police Stations built with the 1968 Bond Issue-Eight Stations The Reconstruction of the Frank Uoyd Wright-tfollyhock House at BamsdaD Park The City Hall East Building The Art Gallery at Bamsdall Park The Fire Department station Standards and 20 stations The Advance Planning of all Combined Maintenance Yards The Earthquake Coordinator for damage to 346 buildings due the 1971 Earthquake, including the City Hall at 200 No. Spring Master Planning of The Port of Los Angeles Buildings. Landscaping. Facilities, and Backlands Residential and medical facjUties for my private practice during trus time Development of Project Manuals for every project, to clarify and define the responsibilities described in the Architectural Consultant Agreement for personal services. The purpose was to define by task what the consultant had agreed to do with standards of pertormance,to avojd or reduce errors. PrepaI9Construction Management prooedul9S for aU projects Negotiate Personal Setvice Contracts with Consuftants Since my retirement in 1989 f serve as a Senior Commissioner on The S1ate Board of Architects, as such t grade candidate architects through the orat exam, the fast test before licensing as a registered architect with State of California. The most rewarding wor1< of aU was the experience of supervising and training those on my staff. It was always a pleasure to share in the development of my people and to see , . them successfufly enter the profession and succeed. That is the one thing I miss since I retired! ~%myg-~ ~ !TA.g: A. Fellow American Institute of Architects 470 Noel Arroyo Grande, CA 93420 (805) 473-3088 t..'~ ~ ~\~\'\~ (Pr1t~ /q1<j RECEWEO C\TY OF ARROYO GRAtfOE _ 1-.lAftiJ/IA.- ~ 99 flUS -6 PI1!t. 02 ~ ~JL c:to . ) ~.J>--t ~ .Quo- ~fi-~~~ ~~ ffi ~ Cb>>";'~' f--w ~ ~-4/ .~ck~ \' '. '- F ~ '.~. ;c;.,~ fr ~ ~ fr tk :;t e.... . ~ ,b....j...- iYf,.pv ffi.u0 ~ ~ ~~. &~ -t} A'>".' ~ iJ-,J ~~ ~ ~~-~~~- .:d/ ~...:tr. .M'>>~ . ~~ ' 11~ tJ-e ~ ~..v . ~od..- 't ~~ fr t4 ~~~~u i-<~ y(- ~~~ ~f r k1':';~ .~ ~ ~ ~ - ~ . ,j;-l-r A4.J,/vIu..J ~ :.! ~ - A),t1J,.4J ~ ~~cJ.- . .wvf p f-~ (J. ~~~ # J\- 1,.- #~ tL- A1V' ~ ;CJ ,~~ ~,M.. ~ A""'-'~ 'f'.4M ~ M""" . - - <!P~~' f-' /. ~ ptk _.I ; AIV'...... , ~ eft- ~'fr ~ ~J~ ~~- r .. - ~M~ b?\ ffi e4; ~J ~Z;-~ './.)4J ~I ~ -I;v,;rrL' 'MRS. JEANNETTE TRIPOD 1 521 East Cherry A"Ienue Arrayo (jraOde. CA 93420 - t: $. :{l--~ ~ ~ a A'~J ~ , I ~ ~~ ~ >>::-4-- /YI~' - ~ - ~Jq ~lLf)- 61" ~ August 8, 1999 Mrs. Jeannette Tripodi 521 East Cherry Avenue Arroyo Grande, CA 93420 Dear Jeannette: I received your letter on Friday and although I'm sorry to see you depart from the Commission, I am very appreciative of the service you provided to the City this past year. I recall the conversation we had when I asked you to participate. I knew then that you were involved in many other programs. I also recall you stating that you would remain on the Commission as long as you felt some commitment to its purpose and direction. I would very much like to chat with you sometime about your tenure and if appropriate, perhaps your recommendations as to how the Commission might better serve the City. Again, thanks so much for the time and effort. I will seek out a replacement appointee and hope I'm successful in finding one with your intelligence and energy. Best Regards, Tony Ferrara I ~, ~'11~ I ! UU/15/99 03:06 FAX 8055448625 CRS ARCH I4J 02 - . , RECEIVED CRAIG K SMITH, AlA CiTY 0 F t'J\ iW Y 0 c:~ ".: ." - llirulLD: /JI' ARCHITBCTiI'.ASSOCIATES99 JUN 15 PiJ J. ~:. 890 Monterey Street San Luis Obispo, CA. 93401 ~ 805-544.3380/805.544-8625 FAX C.M.ToHtLf'L June IS. 1999 /i]~LJu\..+JY\.~ f\I""' Mr. WarreD Hoag Chair, Arehitedural Review Committee .~ City of Arroyo Grande do Community Development Dept. 214 E. Branch Street Arroyo Grande, CA. 93420 FAX : 473-0386 RE : ArehiteclUral Review Committee Membership Dear Mr. Haag, It is with much regret that this letter is being written. however. due to certain family health matters. p1ea.~ accept my resignation as a member of the City of AITOYo Grande Architectural Review Conunittee. J have enjoyed my tenure. as well as, the experience of working with you and the other commitlee members. Possibly. and when things improve. I ean put my name into the future bar for re appoinlment. Please express my regrets to the other members of the Architecmral Review Committee. Sincerely. CRAIG R. SMITH. AlA, ARCHITECT &, ASSOCIATES .~ AlA cc : Steve Tolley. City Councilman Kelly W~. Director of Administrative Setvices - . , ~~'~ p .o.~ Box 550 ~~ 214 Eat Branch Street Arroyo Grande. CA93421 Pho~e: (805) 47~5404 CITY COUNCIL FAX: (805) 473-0_ . E-M8JJ: ..clty@arroy.ande.ora. . " ,- " . "" -. , ". ~ June 29. 1999 Craig R. Smith, AlA 890 Monterey Street. San Luis Obispo, CA.93401 Ref: Resignation from Architectural Review Committee ~~ .. DearMr. Smith: h ~. I am sorry to read of your resignation; however, family is always the first priority. ~ Thank you for your service to the community. Your expertise . and common- sense approach to planning issues will be missed. I ~ share your hope that sometime in the future you can serve again. I am cOmfortable expressing on behalf of the. entire Council our wish .that your family health matters find a positive resolution. . STEV ~. OLLEY COUNCIL MEMBER c: City Council ~. . ~ . "'., < , ~ Interim Community Developrnent Director . Administrative Services Director - __ .-l 9f MEMORANDUM TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR PARKS AND RECREATION ~ SUBJECT: AWARD OF BID - PARKS DIVISION VEHICLE DATE: AUGUST 24,1999 RECOMMENDATION: It is recommended the City Council award the bid to Christianson Chevrolet of Arroyo Grande for the purchase of a model 2000 three-quarter (%) ton regular cab pick up truck in the amount of $21 ,492. FUNDING: In the Fiscal Year 1999-00 Recreation Administration budget, $25,000 was allocated for the purchase of a new vehicle to replace P-13 (Department Irrigation Vehicle). DISCUSSION: The current vehicle is a 1984 Ford three-quarter (%) ton pick-up currently valued at $3,800 with repair expenditures in FY 1998-99 exceeding $2,000. Replacement of the current vehicle is in compliance with the City Equipment Replacement Policy C-006 (Attachment 1). A total of seven bids were received. The apparent low bid was from the Airport Auto Center in the amount of $20,887.82 (Attachment 3); however, its bid did not include the extended warranty package, which was included in the bid specifications (Attachment 2). The bid from Christianson included a 6-yearl72,OOO mile extended warranty (valued at $997). Christianson's bid was in the amount of $21,492. Therefore, Christianson Chevrolet submitted the lowest complete bid. Alternatives The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Modify staff's recommendation; - Reject staff's recommendation; - Provide direction to staff. Attachments: Policy #C-006 (Attachment 1) Bid Specifications (Attachment 2) Bid Sheet (Attachment 3) S:\StaffRpMwardbidP13.813 ----- ----- ,. ( ATTACHMENT. 1 CITY OF ARROYO GRANDE ADMINISTRATIVE POLICY AND PROCEDURES POLICY #: C-006 SUBJECT: EV ALUA TION CRITERIA FOR REPLACEMENT OF STANDARD ISSUED: 04/01/99 EQUIPMENT EFFECTIVE: 04/01/99 CANCELLATION DATE: N/A SUPERSEDES: 09/01/97 POLICY: Equipment is currently capitalized if the value of the item at the time of purchase exceeds $500. Replacement of capital equipment must be authorized by the City Council. Criteria for evaluating when replacement should occur is listed below. The recommendation for replacement should be a composite evaluation utilizing the criteria listed coupled with the actual condition of the equipment. PROCEDURE: CRITERIA FOR A REPLACEMENT OF EQUIPMENT . A. General criteria: The following criteria will be used when requesting replacement of capital equipment or other designated equipment. . 1. Condition of the equipment 2. Age of equipment 3. Maintenance history of the equipment. B. Specific criteria: 1. Age - Standardized estimated useful life. which may vary depending on Quality and usage. a. Personal Computers - five years b. Calculators - five years c. Typewriters ..., eight years d. Chairs - five years e. Desks - fifteen years f. Fax Machines - five years g. Copiers - five years Revised: Apri/1, 1999 I POLICY #: C-006 pA(;E 2 h. Tables - fifteen years i. Files Cabinets - fifteen years j. Autos-Light Trucks :.... five years and/or 80,000 miles k. Police Emergency (Patrol) Vehicles - three years and/or 100.000 miles 2. Maintenance History a. Recommendation by maintenance personnel that equipment is not economically repairable .or able to be updated (as in computers ). ,. 3. Condition a. Hazardous or dangerous for the employee to use b. Broken parts that are not adequately repairable c. Chipped, marked. or damaged veneers, laminates, or exterior that is not repairable d. No longer able to function in accord with its intended use due to damage, age, or altered requirements - KDI:trr- L. ftlfu~ ROBERT L. HUNT CITY MANAGER . -~~ ATTACHMENT 2 CITY OF ARROYO GRANDE PARKS AND RECREATION DEPARTMENT July 14,1999 BID NOTICE The City of Arroyo Grande Parks Department is requesting bid proposals for one new 19~9 % ton regular cab pickup truck which meets the following specifications: SPECIFICATIONS 1. Fuel injected V-8 engine, gasoline 2. 8600 GVWR minimum 3. 133D.137Dwheelbase 4. Automatic transmission 5. 8'cargo box 6. Fleetside body 7. Tinted windshield 8. Front bumper with license plate bracket 9. Rear bumper with license plate bracket 10. Power steering 11. Power brakes 12.40/20/40 Bench seat, fabric, With lumbar support 13. Cargo area lamp 14. Interior rearview mirror 15. Air conditioning 16. AMIFM radio 17. Sun visors 18. Volt meter. oil pressure gauge, engine temp gauge, tachometer 19. Spare tire and wheel (steel) 20. Exterior mirrors (driver and passenger side) 21. Intermittent windshield wiper system 22. Mechanical jack and wheel wrench 23. Paint color: white 24. Seat belts for three (3) passengers 25. Truck shall be delivered within sixty (60) days of order date 26. Extended warranty: 6 yearnO,OOO mileslbumper to bumper/$O.OO deductible . All proposals shall include all applicable taxes and delivery charges. All proposals shall be sealed and on company letterhead with the envelope marked "Pickup Truck". Please submit your sealed bid to: ATTACHMENT 3 BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: August 6, 1999 Parks Division Vehicle (Pickup Truck) BIDDER'S NAME. CITY TOTAL Christianson Chevrolet, $21,492.00 Arroyo Grande Paso Robles GMC, $21,906.55 Paso Robles Rio Vista Chevrolet, $24,933.65 Buellton Mullahey Ford, $21,866.00 Arroyo Grande - Kimball Motors, $21,904.71 San Luis Obispo Airport Auto Center, $20,887.82 Santa Maria Home Motors Chevrolet, $24,990.75 Santa Maria ~/j~ i/f J}/fl((p~ Kelly tmoli, Administrative Services Director/Deputy City Clerk c: Parks and Recreation Director City Manager - ~ - -~-_.~.-_._..__.- 9g MEMORANDUM TO: CITY COUNCIL FROM: TOM BUFORD, INTERIM COMMUNITY DEVELOPMENT DIRECT SUBJECT: AUTHORIZATION TO CLOSE CITY STREETS AND USE CITY PROPERTY FOR THE 62ND ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, SEPTEMBER 24-25, 1999 DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended the City Council adopt the attached resolution authorizing closure of City streets and use of City property and authorize the waiver of City fees/costs for the annual Arroyo Grande Valley Harvest Festival. FUNDING: The event organizers are requesting that the fees/costs for City services necessary to support the event be waived. If the Council approves the waiver of fees/costs, the reduction in revenue is approximately $6,500. Last year's fees/costs amounted to $6,498, this year's fees/costs should be similar. Historically the City has waived fees/costs because the City has served as an unofficial cosponsor of the event. DISCUSSION: On July 30, 1999, representatives for the Arroyo Grande Valley Harvest Festival submitted an application for a temporary use permit for the 62"d Annual Arroyo Grande Valley Harvest Festival ("Festival"). The Festival is scheduled for September 24th and 25th, the last Friday and Saturday of the month. Activities will begin on Thursday, September 23rd at 5:00 p.m. and end on Sunday, September 26th at 10:00 a.m. Activities at the Festival will include entertainment, food and game booths, craft booths, contests, and a parade. The activities are held along Short Street, Olohan Alley, and East Branch Street. The parade is held on Grand Avenue and East Branch Street between Halcyon Road and Mason Street. CITY COUNCIL AUTHORIZATION TO CLOSE CITY STREETS AND USE CITY PROPERTY FOR THE 62ND ANNUAL ARROYO GRANDE V ALLEY HARVEST FESTIVAL AUGUST 24, 1999 PAGE 2 The Festival organizers are requesting the closure of Short Street, East Branch Street, and Olohan Alley for food and game booths, craft booths and entertainment, and Grand Avenue/East Branch Street for the parade. The temporary use permit will only be issued upon the approval by the City Council of the request for street closures and use of City property. Alternatives . The following alternatives are provided for the Council's consideration: -adopt the attached resolution; -modify the attached resolution and adopt; -reject the attached resolution; -provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE ANNUAL ARROYO GRANDE VALLEY HARVEST FEST IV AL, FRIDAY AND SA TURDA Y, SEPTEMBER 24- 25, 1999 WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have requested closure of City streets and use of City property; and WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be responsible for the removal of all garbage and debris generated by the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve that the following actions are authorized and the following described City property may be used for the Harvest Festival: 1. The City parking area behind City Hall frorn the entrance of Mason Street and extending to the area of the Gazebo and Short Street for use between the hours - of 5:00 p.m. Thursday, September 23rd, until 10:00 a.m. the rnorning of Sunday, Septernber 26th. 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 1 :00 p.m. Friday, September 24th until 10:00 a.rn. Sunday, Septernber 26th. 3. The use of the City owned Nelson Street property adjacent to Mason Street for various displays and contests from 12:00 noon to 9:00 p.rn. on Friday, September 24th, 1999 and from 8:00 a.m. to 6:00 p.m. on Saturday, September 25th, 1999 for a variety of activities, contests, and displays. 4. The City's electrical service as needed for the lighting of booths, sound system, and contests. 5. That request be made by the Arroyo Grande Police Department to the State of California Department of Transportation for permission to close a portion of Branch Street, also known as Highway 227, from U.S. Highway 101 to Stanley' Avenue, and the closure of entrance and exit ramps of U.S. Highway 101 at RESOLUTION NO. PAGE 2 Grand Avenue on September 25th, 1999 between the hours of 7:00 a.m. and 1 :00 p.m. 6. That the City Council authorizes closure of a portion of Branch Street, also known as Highway 227, from U.S. Highway 101 :to Stanley Avenue and the closure of entrance and exit ramps of U.S. Highway 101 at Grand Avenue upon receipt of approval frorn the State Department of Transportation to said closure. 7. That the Arroyo Grande Police Department will control traffic around the parade route, and police officers will be stationed to give instructions to motorists on detouring the parade route; and further, the Police Department will restrict traffic on Route 227 to one lane and control traffic at the freeway ramps from 9:30 a.m. to 12:00 noon on Saturday, September 25, 1999. BE .IT FURTHER RESOLVED, that the following streets shall be closed for the Harvest Festival parade on the morning of Saturday, September 25th, 1999: beginning at Grand A venue and Brisco Road and east to the corner of East Branch and Mason Streets; and Halcyon Road from EI Camino Real to Fair.Oaks Avenue at 7:00 a.m. to 1 :00 p.m. BE IT FURTHER RESOLVED, that the organizers of the Harvest Festival will adhere to certain requirements and conditions set forth by the Public Works, Police, Parks and Recreation, and Building and Fire Departments regarding cleanup and traffic control and all other applicable conditions of a Temporary Use Perrnit to be issued by the City with the above findings and subject to the conditions as set forth in Exhibit II A ", attached hereto and incorporated herein by this reference. On rnotion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 24th day of August, 1999. RESOLUTION NO. PAGE 3 MICHAEL A. LADY, MAYOR ArrEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: .tkuL. ~ ROBERT L HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, C1TY ATTORNEY EXHIBIT U AU CONDITIONS OF. APPROVAL TEMPORARY USE PERMIT CASE NO. 99-013 ARROYO GRANDE V ALLEY ANNUAL HARVEST FESTIVAL General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 3. The event organizers shall comply with all the conditions of City Council Resolution No. , adopted on August 24, 1999. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or ernployees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condi~ion. 'Parks and Recreation Department Conditions 5. The Harvest Festival Committee is to contact the Parks and Recreation Department no later than September 17th regarding the nurnber and location of trash receptacles to be placed in the downtown area. 6. The Harvest Festival Committee is responsible for disposal of its garbage into large trash containers. 7. The Harvest Festival Committee is responsible for providing trash can liners for all trash containers. .8. The Harvest Festival Committee is responsible for providing additional restroom supplies for the festival. Should the City provide these supplies, the Harvest Festival Committee will reimburse the City for the cost of these supplies. Public Warks Department Canditians 8. Restroom facilities, barricades, signing and detour rautes shall be provided by applicant. 9. The event organizers shall place an advertisement in the September 22, 1 999 edition of the Five Cities Times-Press Recarder advising residents of street cLosures. 10. The event organizers shall provide a $1,000,000 persanal liability insurance pal icy naming the City as additional insured. Praaf af insurance shall be submitted to the Directar of Administrative Services ten (10) days before the event. 11. The event arganizers shall cantact the Public Warks Department 72 hours prior to the event to check on the status af street maintenance/constructian activities. The Public Works Department rnay require the event organizers to. provide temporary canstructian (arange plastic) fencing araund areas designated as potentially hazardaus. Building and Fire Department Canditians 12. All food boaths (cooking) must camply with the Fire Department guidelines. 13. All electrical must be inspected by the Building and Life Safety Divisian, priar to the event apening. 14. Emergency access must be maintained to. the satisfactian of the Directar af Building and Fire. 15. The use of generatars must be reviewed and approved by the Director of Building and Fire. Police Department Canditions 16. The Palice Department shall abtain the necessary perrnit from Caltrans to close a partion of Branch Street, also. knawn as Highway 227, fram U.S. Highway 101 to. Stanley Avenue and the entrance and exit ramps of U.S. Highway 101 at Grand Avenue. RECEIVED July 27, 1999 ntT'.! '*"'-- . '-"\-'n"n ~--- ~ 'JO- :; 'urA~~'-,..~..:-('r_'!'.- 'J. olh\.i.J I _ ~..~."""'\.i r... 99 JUl27 Mi 8: 30 To: The City Council of Arroyo Grande RE: 1999 Arroyo Grande Harvest Festival The 1999 Harvest Festival Committee is now at work planning this year's 62nd annual Harvest Festival. As in years Past. we will emphasize the Festival's goal that is to provide a positive benefit our community that can be enjoyed by an those attending. To accomplish this. we strive to encourage participation of local non-profit organi~ons and youth groups to join with us. The date of the 1999 Arroyo Grande Vaney Harvest Festival is scheduled for September 24th and 25th, the last Friday and Saturday of the month. Since the Harvest Festival is not a commercial venture but a celebration honoring our City's heritage, it is our charge to manage the expenses of the Festival so the fees that paid by participating OI"g'lni7Jltions will" not impact their ability to profit during the Festival. Many of these organizations depend on the funds generated at the Festival to support of their programs through out the year. We also encourage donations from sponsors for Harvest Festival activities to assist us in this effort. Ifwe are to continue in the spirit of the Harvest F~again ask the City . .~-~... for its continued support. " . ~'""" As in the Past. the Harvest Festival Committee requests approval by the Arroyo Grande City Council to support both the participation and cooperation of the many city departments that provide assistance to the committee to ensure the success of this event. We seek the assistance of the Police, .fire, Public Works, Parks and Recreation Departments to assist in the coordination of the activities. These activities will also require the use of following city property; 1. The city parking area behind City Hall from the entrance of Mason Street and extending to the area of the Gazebo and Short Street for use between the hours of 5:00 p.m. Thursday, September 23, until 1 0:00 un. the morning of Sunday, September 26. 2. The parking area beginning at the Gazebo and extending westerly to Bridge Street beginning at 1 :00 p.m. on Friday, September 24th until 10:00 a.m. Sunday, September 26th. Both of these areas will be used to locate booths for the games, serving of food,' and other types of products. At the conclusion of the Festi~ we will sweep and clean these areas and the areas in the Village impacted by our activities. A commercial cleaning company with assistance of the Boy Scouts will be used to accomplished this task. 3. The use of the city owned Nelson Street Green Space adjacent to Mason Street for various displays and contests during the afternoon and evening of the 24th and during', the day of the 25th for a variety of activities, contests and displays. 4. Permission to utilize the City's electrical seIVice as needed during the Festival for I. lighting of the booths, sound systems, and contests. It has also come to my attention that the electrical panel on the city building we use as the source of electricity is in need of replacement. I have talked with an electrician and we are prepared to repJace this panel before using it during this years festival 5. Closure of the streets that filcilitate the success of the Annual Harvest Festival Parade - on the inorning of Saturday the 25th. As in the past, the parade route begios at Grand and Halcyon and travels east to its conclusion at the comer of East Brmcb and Mason Street. The parade steps otfat 10:00 a.m. and will concludes by 12:00 pm. While the parade forms and is in progr~ other streets ate impacted in order to provide traffic flow during this time. During the 1998 Harvest Festival, there arose some confusion regardingtbe order of street barricades ftom a local rental company. This resulted in a delay of the payment to the company for the use of their equipment. We were unclear how many banicades were actually used because of the multiple invoices received and the large increase in the total cost of this equipment ftom past years. This problem can easily be eliminated with coordination between the city staff placing the order and the Harvest Festival Committee. The Arroyo Grande Valley Kiwanis Club will again coordinate the Parade and looks forward to the. assistance ftom the Police Department and other depaatmeats of the City for the coordination required for Parade to be successfuL As I have described, the Harvest Festival Committee and the City of AlToyo Grande have and we hope can continue to work: together to celebrate our AIroyo Grande Valley Harvest Festival. As Coordinator of the 1999 Harvest Festival Committee, I represent the committee in seeking the continued support of the City to grant our request for the City's resources needed fur a successful 1999 AlToyo Grande Valley Harvest Festival. Wayne Ie 00 or 1999 Arroyo Grande Valley Harvest Festival Committee . 9h MEMORANDUM TO: CITY COUNCIL FROM: TOM BUFORD. INTERIM COMMUNITY DEVELOPMENT DIRECT~ SUBJECT: AMENDMENT NO.1 TO COOPERATION AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND THE COUNTY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN: (1) THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, (2) THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM, AND (3) THE EMERGENCY SHEL TER GRANT (ESG) PROGRAM FOR FY 2000 THROUGH 2002 DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended the City Council approve Amendment No.1 to the Cooperation Agreement between the City of Arroyo Grande and the County of San Luis Obispo. FUNDING: It is estimated the CDBG allocation for the City beginning FY1999-00 (Federal Fiscal Year 2000) will be $152,197 or approximately $457,000 over the next three years. The amount estimated for the City is based upon the City's characteristics relative to population, poverty, and overcrowded housing. DISCUSSION: On June 22, 1999, the City Council approved a Cooperation Agreement ("Agreement") with San Luis Obispo County for joint participation in the Community Development Block Grant (CDBG) program. The Agreement is for a period of three years, extending through federal fiscal years 2000, 2001, and 2002. The Federal Department of Housing and Urban Development (HUD) has requested a minor modification to the Agreement. The revision would amend the last sentence of Section II.E of the Agreement, as follows: Grant Eligibility. In executing this Agreement, the Parties understand that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the urban County CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG, or HOPWA programs except through the urban county.:.,UI~less the url3al'1 - Staff Report: CDBG County Consortium August 24, 1999 Page 2 eouAty Etoes not qualify for sr efeelines to aeeel3t formllla alleeatioRs uReter tt.:1ese J)ro€lrams. The above provision as originally drafted has been included in similar agreements in past years. HUD has directed that the above change be made in current agreements. The change confirms that the City would not have the ability to receive CDBG funding except through the County for the three-year period of the Agreement. County staff has indicated that this poses little risk to the City since funding for these programs on the Federal level appears to be secure for the period of the Agreement. Staff has also been advised that time is of the essence, and that any delay could jeopardize the City's participation in the urban county funding prograrn. Alternatives The following alternatives are presented for Council consideration: - Approve Amendment.No. 1 to the Cooperation Agreement; - Modify Amendment No.1 to the Cooperation Agreement and approve; - Reject Amendment No.1 to the Cooperation Agreement - Provide direction to staff. Attachments: Amendment No.1 to Cooperation Agreement between the County of San Luis Obispo and the City of Arroyo Grande A. June 22, 1 999 City Council Staff report B. Executed Copy of Cooperation Agreement ---~-_..- AMENDMENT NO.1 TO COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ARROYO GRANDE FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER GRANT PROGRAM FOR FISCAL YEARS 2000 THROUGH 2002 THIS AMENDMENT to the within identified agreement is made and entered into this '-- day of , 1999, by and between the County of San Luis Obispo, a political subdivision of the, State of California, hereinafter called "County"; and the City of Arroyo Grande, a municipal corporation of the State of California, located in the Gounty of San Luis Obispo, hereinafter called "City"; jointly referred to as "Parties." WIT N E SSE T H: WHEREAS, on July 13, 1999, the City and the County entered into a "cooperation agreement" pursuant to federal regulation section 24 CFR part 570.308 for joint participation in the federal Community Development Block Grant Program, the Home Investment Partnerships Program and the ,Emergency Shelter Grant program for fiscal years 2000 through 2002 (hereinafter referred to as the "Original Agreement"); and WHEREAS, the City and the County desire to make certain amendments to the Original Agreement requested by the U.S. Department of Housing and Urban Development, while otherwise continuing the Original Agreement in full force and effect. NOW, THEREFORE, it is agreed by and between the parties hereto that the Original Agreement is amended as follows: 1. The last sentence in Section II.E. shall be revised by deleting the words "..., unless the urban county does not qualify for or declines to accept formula allocations under these programs". IN WITNESS WHEREOF, the City Council of the City of Arroyo Grande and the ,Board of Supervisors of the County of San Luis Obispo have authorized this amend':Tlent and direct its execution by their respective chief executive officers on this _ day of ,1999. 1 APPROVED AS TO FORM AND LEGAL EFFECT James B. Lindholm, Jr. County Counsel By: Timothy McNulty, Deputy County Counsel APPROVED AS TO FORM AND LEGAL EFFECT: By: Timothy J. Carmel, City Attorney COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervisors ATTEST: . Julie Rodewald, County Clerk CITY OF ARROYO GRANDE: By: Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk S:\Community Development Dept. - Shared\CDBG Files\CDBG\arroy02kamnd.doc 2 ATTACHMENT A MEMORANDUM TO: CITY COUNCIL FROM: HENRY ENGEN, INTERIM COMMUNITY \-\ ~ DEVELOPMENT DIRECTOR SUBJECT: PROPOSED COOPERATION AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND THE COUNTY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN: (1) THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, (2) THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM, AND (3) THE EMERGENCY SHELTER GRANT (ESG) PROGRAM FOR FY 2000 THROUGH 2002 DATE: JUNE 22,1999 RECOMMENDATION: It is recommended the City Council approve the Cooperation Agreement with San Luis Obispo County for the next three years. FUNDING: It is estimated the COBG allocation for the City beginning FY1999-00 (Federal Fiscal Year 2000) will be $152,197 or approximately $457,000 over the next three years. The amount estimated for the City is based upon the City's characteristics relative to population, poverty, and overcrowded housing. DISCUSSION: The attached Cooperation Agreement with the County would commit the City to a three year agreement with the County and participating cities for Federal COBG, Home Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funding programs. The City currently participates in the State COBG program. Funding is obtained on a competitive basis and the City has been successful in obtaining both housing and economic development grants using specialized consultants. -- , Staff Report: CDBG County Consortium June 22, 1 999 Page 2 The following chart summarizes grants obtained through partnership with . Peoples' Self Help Housing Corporation (PSHH): HOUSING GRANTS #OF SOURCE YEAR PROJECTS UNITS CONSULTANT TOTAL HOME CDBG 1992 &93 Cawelti Court 28 PSHH $ 990,000 $ 730,850 $1,720,850 1994 Oak Forest 20 PSHH $ 952,000 $ 445,000 $1,397,000 1996 Twin Pines Apts. 14 PSHH $ 0 $ 500,000 $ 500,000 .~. 1998 Juniper St. Apts. 14 PSHH $ 482,455 $ 0 $ 482,455 TOTAL 76 $2,424,455 $1,675,850 $4,100,305 Under the State CDBG program, Arroyo Grande may compete for up to a combined total of $800,000 per year, including $500,000 per application (up to two per year) for General and Economic Development. This category is primarily for housing and related public facilities. In addition, the City can apply for competitive grants for up to $70,000 per year for Economic Development and Planning & Technical Assistance grants. The current local match for Technical Assistance grants is $17% for Arroyo Grande, or approximately $5,600. The following chart reflects Planning & Technical Assistance grants obtained in partnership with Applied Development Economics (ADE): ECONOMIC DEVELOPMENT GRANTS CITY YEAR PROJECT CONSULTANT GRANT CONTRIBUTION 1996 Economic Opportunities Analysis ADE $30,000 $5,100 1997 Business Development Market Strateay ADE $36,000 $6,600 1998 Home Based Business Development Plan ADE $36,000 $6,600 TOTAL $100,000 $16,300 -~ . Staff Report: CDBG County Consortium June 22, 1 999 Page 3 With respect to the HOME program, the City, or a Cornrnunity Housing Development Organization, such as PSHH, can apply to the State for up to $1,000,000 annually for affordable housing projects. The HOME program is an annual statewide competition. Should the City join the San Luis Obispo Urban County program, the City cannot apply for these grants. PSHH, or a similar nonprofit organization can apply to the County for the funds; however, in FY 1998 the County received a total of $1,007,000 in HOME funds, which was divided up amongst limited candidate cornrnunities. HOME projects require up to a 25 % non-Federal funding match, which has typically been met by waiving fees, property tax relief, other grants, or some other cost reduction measures (in-kind staff services). .~. The County Consortium has as its main appeal the fact that it is a predictable, forrnula-based annual grant and there is a wider range of uses for the CDBG funds. County staff largely handles administration of the program, but the City is authorized to use up to 20% of its allocation for the cost of staff time if needed. The attached December 1 5, 1 998 County Staff Report lists all the CDBG, HOME, and ESG projects in last year's Consortium prograrn. The list reflects the greater project flexibility afforded Urban County participants. Clearly, the City has done well in partnership with PSSH and ADE pursuing grants over the years; however, the Consortium offers a broader range of projects to meet other community needs.. Review of the County's 1998 project list reflects such items as funding for after school day care, youth activity scholarships, youth mentoring, Friday Variety Night, skateboard park, handicapped Library access, fire station improvements, and Women's Shelter improvements. The price for these programs and projects were generally small but they contributed importantly to meeting local needs. A local example of needs that might be met by participation in the Consortium would be the recent request from the Family Home Center ($1,000) and the YMCA ($5,000) during the recent budget hearings. As to the homeless issue, the County is also asking for comrnents on the potential for developing a countywide approach to using available CDBG funds for "operation of homeless and/or other public services." As noted in the County Administrator's letter, this issue need not be resolved now but will be the subject of a decision that needs to be reached in the summer of 2000. On this subject, the City's Housing Element's Policy E.1. states, liThe City shall participate in the operations and maintenance of the regional homeless shelter facility." . Staff Report: CDBG County Consortium June 22, 1 999 Page 4 As a cautionary note, the Department of Housing and Cornmunity Development has not certified the City's 1 993 Housing Element as being in compliance with housing element law. This could become a problem with State CDBG grants (but not HOME grants, which are applied'-for by the City's Community Housing Development Organization). Fortunately, to date this has not been an issue. A central issue in considering whether to switch to the County Consortium Program is just how many economic and/or technical studies the City can or wants to fund under the State program. Another consideration is the fact that the City would no longer be eligible for the large $500,000 grants. In the past, the General/Economic Development grants have been used exclusively by PSHH. The question is whether the City wishes to continue- to serve as the conduit for PSHH's (or similar nonprofit organization's) projects. This question has nothing to do with the excellent work PSHH conducts and the tremendous value the organization brings to both the City and the entire county. The question is whether, through the Consortiurn, the City can provide more to a wider population base (while recognizing the overall amount of potential funding is less). If the City Council decides to authorize signing the cooperative agreement, jt must be executed and transmitted to the County by July 16,1999. A representative of the County staff will attend the June 22nd City Council rneeting to respond to questions on the program. There will also be a representative from Peoples' Self Help Housing Corporation. Alternatives: The following alternatives are provided for the Council's consideration: - Approve the Agreement; - Modify as appropriate and approve the Agreernent; - Continue the item to the meeting of July 13, 1999; - Reject the Agreement; - Provide direction to staff. Attachments: Cooperative Agreement between the County of San Luis Obispo and the City of Arroyo Grande 1. May 7, 1999 letter from David Edge, County Administrative Officer 2. December 15, 1998 Board of Supervisor's Staff Report ,. ... ... .. County of San Luis Obispo COUNTY GOVERNMENT CENTER, RM. 370 · SAN LUIS OBISPO, CALIFORNIA 93408 · (805) 781-5011 May 7,1999 DAVID EDGE COUNTY ADMINISTRATOR Robert L. Hunt, City Manager City of Arroyo Grande P.O. Box 550 Arroyo Grande, Ca 93421 Dear Bob: SUBJECT: NOTICE OF OPPORTUNITY TO BE INCLUDED IN URBAN COUNTY OF SAN LUIS OBISPO FOR PURPOSES OF FEDERAL CDBG, HOME AND ESG FUNDING PROGRAMS The purpose of this letter is to notify you that the City of Arroyo Grande has the opportunity to participate with other cities and the county in qualifying as an "urban county" for fiscal years 2000/2001 - 2003/2004. Urban counties receive annual, formula-based grants directly from the federal Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and the Emergency Shelter Grants (ESG) programs. San Luis Obispo has been an urban county during fiscal years 1994/1995 through 1999/2000. The participating cities have included Atascadero, Grover Beach, Paso Robles, Pismo Beach and San Luis Obispo, although Pismo Beach did not participate during the past three years. Cooperative agreements between the participating jurisdictions established a formula allocating CDBG funds by jurisdiction. The HOME and ESG funds were not formally divided up, but the cities provided recommendations to the county on these programs. Your city can choose from the following options for purposes of the CDBG program: 1. Join the urban county to receive CDBG allocations through the county. 2. Decide not to join the urban county and become an applicant to the competitive state CDBG program. The county welcomes any cities that wish to join the urban county, and proposes to allocate an amount of COBG funds to each participating city equivalent to the amount that city's population base increases the urban county COBG entitlement. HUD bases the urban county CDBG entitlement on population, poverty and overcrowded housing. Here are projected year 2000 CDBG allocations under this proposed framework: " .. Robert L. Hunt Page 2 May 7,1999 Projected CDBG allocations for the year 2000 based on 1990 census data, assuming $2,919,000 total CDBG award to urban county and assuming all cities participating in the urban county: r-------------------------r-------------r------------;r-------------r-------------r------------, I J. d' f 1 P I f 1 P I 0 1 P 1 I : uris IC Ion I opu a Ion I overty I ver- I ercent I Amount of I ! I I Persons : crowded I of CDBG I CDBG I I I. I 1 1 1 : I I I Housing I funds I funds : ~------------------------~------------~------------~------------~------------~------------~ I I I I I 1 I : Arroyo Grande I 14,378 I 1,184 I 221: 5.214% I $152,197 I ~------------------------~------------~------------~------------~------------~------------~ . I I I I I I I : Atascadero I 23,138 I 1,805 I 405 I 8.461 % I $246,984 : ~------------------------~------------~------------~------------~------------~------------~ 1 I I I 1 1 I I Grover Beach I 11,656 I 1,465 I 398 I 6.426% I $187,579 I ~------------------------~------------~------------~------------~------------~------------~ I I I I I 1 I I Morro Bay I 9,664: 976: 206 I 4.176% I $121,908 I ~------------------------~------------~------------~------------~------------~------------~ . I I. I .1 I I I Paso Robles I 18,583 I 2,563 I 554 I 10.256% I $299,381 I ~------------------------~------------~------------~------------~------------~------------~ 1 I 1 I 1 I I I Pismo Beach I 7,669 I 570 I 108 I 2.605% I $76,037 I ~------------------------~------------~------------~------------~------------~-------~---~~ I 1 I I I 1 I I San Luis Obispo I 41,958 I 11,140 I 1,094 I 32.927% I $961,150 I ~------------------------~------------~------------~------------~------------~------------~ . I I I I I I : Unincorporated county I 90,116 I 6,666 I 1,808 I 33.492% I $977,645 : ~------------------------~------------~------------~------------~------------~------------~ I I I I I o' .. : SLO Urban County I 217,162 I 25,185 I 4,573 I 100.000~ I $2,919,000 I L________________________-L____________-L____________-L____________-L____________-L____________~ Here are a few factors you should consider before deciding whether to continue as part of the urban county: 1. The County will, as lead agency for the urban county, perform most of the work in preparing the five-year consolidated plan, the annual action plans, the various federally required reports, conducting citizen participation efforts, and providing training to City staff on federal COBG requirements. City staff will still be responsible for some administrative activities in order to comply with federal requirements, but the city will be able to use up to 20 percent of its COBG allocation to pay the cost of staff time needed. 2. If the City's housing element complies with state law, the City can obtain more COBG funds through the state than through the urban county. Under the state's competitive COBG program, non-entitlement cities and counties are eligible to compete for single grants of up to $500,000 each year, or a combination of grants of up to $830,000. However, the state COBG program is highly competitive, resulting in less flexibility in using COBG funds and in denial of some applications. -3. Also, Arroyo Grande residents can benefit from more HOME funds through the state than through the urban county. The state offers HOME grants on a competitive basis of up to $1,000,000 each year. 4, Once the City enters into the three-year cooperative agreement required to become part of the urban county, it cannot drop out of the urban county until the --------- -~- , . Robert L. Hunt Page 3 May 7, 1999 three years pass. Also, the county would like your comments on the potential merit of developing a county-wide approach to utilizing available CDBG funding for operation of homeless and/or other public services. In the past, the City of San Luis Obispo and the County have contributed approximately 17 percent of their respective CDBG funds to support operation of homeless programs, which have been based in the City of San Luis Obispo (but have served homeless persons from throughout the county). The other cities have not yet contributed CDBG funding for these homeless programs. This issue need not be resolved now, since that would make meeting HUD's June deadline for executing the 3-year cooperative agreements difficult. Rather, the County prefers to address the issue in the context of the year 2000 subrecipient agreements, which will be finalized in July or August of the year 2000. If the City wishes to join the urban county, then a three-year cooperative agreement with the County must be executed and transmitted by the County to HUD prior to JuJy 16, 1999. We will transmit a draft cooperative agreement to you soon. We look forward to working with you over the next three years, should you join the urban county. Please feel free to call Dana Lilley (at 781-5715) if you have any questions about this rnatter. j2reIY, /~ ?f~ , tl/#/l@' -----David Edge . County Administ(ative Officer cc: Henry Engen, Interim Community Development Director. City of Arroyo Grande - Bryce'Tingle, Acting Director, County Planning and Building Department Wayne Itoga, CPD Representative, HUD, Los Angeles , , : COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS ATTACHMENT 2 AGENDA ITEM TRANSMITTAL E\\'EO - (1) DEPARTMENT (2) MEETING DATE (3) CONTACTIPHe~'{ Of A . ~ PM \: 59 Planning and Building December 15,1998 Dana Lilley, s~~11 ner -. . (805) 781-5715 (4) SUBJECT Public hearing regarding community development needs related to the 1999 Comrnunity Development Block Grant (CDBG) , Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs; and a proposed amendment to the 1998 One~Year Action Plan (5) SUMMARY OF REQUEST Federal consolidated planning regulations for the Community Development (CDBG). Home Investment Partnerships (HOME). and Emergency Shelter Grant (ESG) programs require tha~ the county conduct at least one public hearing to solicit public input about housing and community development needs before it prepares the proposed funding plan. No action is requested of your Board today regarding the 1999 CDBG. HOME and ESG .Programs. However. the nonprofit People's Self-Help Housing Corporation (PSHHC) requests that your Board amend the 1998 One- Year Action Plan to allow PSHHC to use $150.000 in 1998 HOME funds to purchase a residential property in Atascadero instead of Paso Robles. (6) RECOMMENDED ACTION It is recornmended that your Board: 1. Adopt the attached resolution amending the 1998 One-Year Action Plan to allow People's. Self-Help Housing Corporation to purchase a residential property in Atascadero instead of - Paso Robles and authorize the Chairperson of the Board of Supervisors to sign the resolution on behalf of the county; and 2. Conduct the public hearing by receiving a brief presentation by ~taff regarding public input received to-date and take testimony from persons attemding today's hearing. - (7) FUNDING SOURCE(S) . (8) CURRENT YEAR COST (9) ANNUAL COST (10) BUDGETED? j2{YES 0 N/A CDBG, HOME. ESG pprox $3.6 million Approx $3.6 million ONO (11) WILL REQUEST REQUIRE ADDITIONAL STAFF?~NO 0 Yes, How Many? o Permanent _ 0 Limited Term _ OCont act ----' 0 Temp,orary Help_ ~-'-- (12) ADMINISTRATIVE OFFICE REVIEW rY K ~cr- , .. : (13) SUPERVISOR D~C"(S) (14) LOCATION MAP 1st, 2nd, 3rd, 4th, 5th All o Attached NIA (15) AGENDA PLACEMENT . g (. ~ ~ EXECUTED DOCUMENTS o Consent ~Hearing (Time Est. 56 MI"'-"" esolutions (Orig + 4 copies) o Contracts (Orig + 4 copies) ::J Presentation 0 Board Business (Time Est. ) o Ordinances (Orig + 4 copies) ON/A (17) NEED EXTRA EXECUTED COPIES? (18) APPROPRIATION TRANSFER REQUIRED o Number: o Attached NIA o Submitted o 4I5th's Vote Required . 'A \ "_ .__ _. "_.__ .". . _ ~ .. ... SAN LUIS OBISPO COUNTY . ..r~ r. ,. co." . ",1 t . .......~. .'..: '. . _w':_"" '.-:.~ -=." ~ ,,:.'~ _= -: -..'i. ::.:.~.;. ...~ .,..;:..;.....~.~. .-' \,'_. ....:..;:...~..:.(tC.-..1..:.~=..,.';::: ;"""'f..,.';,.. .~. :- .~:' . - _' _ .--;"'" ': ~~ c.:.,' c. .... ". 't. _ . . . .. -. _ .~._- DEPARTMENT OF PLANNING AND BU~ILDING.~ , _. ALEX HINDS DIRECTOR . BRYCE TINGLE ASSISTANT DIRECTOR ELLEN CARROLL ENVIRONMENTAL COORDINATOR TO: BOARD OF SUPERVISORS. BARNEY MCCAY CHIEF BUILDING OFFICIAL FROM: DANA Ln..LEY, SENIOR PLANNER VIA: ALEX mNDS, DIRECTOR, PLANNING AND BUILDING DEPARTMENT DATE: DECEMBER 15, 1998 SUBJECT: PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT ~S RELATED TO ~ 1999 CDBG, HOME AND ~ ESG PROGRAMS; AND AN AMENDMENT TO THE 1998 HOME PROGRAM RECOMMENDATION It is recommended that your Board: 1. Adopt the attached resolution amending the 1998 One-Year Action Plan of the San Luis Obispo County Consolidated Plan to al~ow People's Self-Help Housing Corporation to purchase a residential property in Atascadero .iristead of Paso Robles and authorize the Chairperson of the Board of Supervisors to sign the resolution on behalf of the county. t~~ : Conduct the public hearing by receiving a brief presentation by staff regarding public input 2. . . . received to-date and take testimony from persons attending today's hearing. DISCUSSION . Amendment to the 1998 One-Year Action Plan: As approved by the Board of Supervisors on Apri128, 1998, the County's 1998 HOME Program included $150,000 for People's Self-Help Housing Corporation (PSHHC) to purchase a residential property somewhere in the City of Paso Robles. Since then, American Baptist Homes of the West offered to sell'to PSHHC an existing 17-uni~ ap~rtment comple~ in the City of Atascadero. PSHHC asked the County to amend its 1998 HOME Program to allow purchase of this property instead of one in Paso Robles. Both the City of Paso Robles and the City of Atascadero support this change. Once PSHHC acquires the property, it will operate the apartments as affordable housing for low and very low income households for at least 30 years. ~ '. . . c;.~.. . .. . .. '\I CouNTY GOVERNMENT CENTER . SAN LuIS OBISPO . CALIFORNIA 93408 . (805) 781-5600 . FAX (805) 781-1242 OR 5624 . Board of Supervisors Page 2 December 15, 1998 , Co~unity development needs related to the 1999 CDBG, HOME and ESG Programs: _. Federal regulations require the county to conduct an open public participation process in planning how it will allocate available CDBG, HOME and ESG funds. The county conducts this process. as described in its adopted Community Participation Plan, which complies with federal regulations and reflects recommendations of a variety of community groups. A "minimum of two public hearings are required, one of which must be held prior to preparing and publishing a summary of the proposed funding plan. Today's hearing constitutes the fIrst of these two required hearings. The Planning and Building Department conducted five public workshops throughout the county over the past two weeks to provide opportunities for residents of the county to hear about funds that may be available, possible uses of those funds, associated federal requirements, and to identify what. they believe to be the most important unmet community development needs. Staff will summarize their comments today. . "~. HUD has not yet notified the county of the funding levels for 1998, but if they are the same as last year, they would include $2.5 million CDBG, $1,007,000 HOME funds and $100,000 ESG funds. The CDBG funds will again be divided up among the participating cities and the county, whereas the HOME and ESG funds are not divided up. Thus, your Board will have direct authority over all of the HOME and ESG funds, and about $938,000 (37 percent) of the CDBG funds. v The projected schedule of milestones in the public participation process is as follows: - a. Conduct initial public workshops: December 2-11, 1998 b. Publish/distribute the RFP: December 8. 1998 c. Hold a public hearing before the Board of Supervisors December 15, 1998 d. Proposals due: January 22, 1999 ~ e. Publish draft Consolidated Plan: February 12, 1999 f. Public workshops: February 22 - 26, 1999 g. Public hearings by cities: March 22 - April 2, 1999 h. Hearings by county: April 6 - April 27, 1999 1. Edit Plan, transmit to HUD: May 7, 1999 j. Absolute due date at HUD in L.A.: May 15, 1999 k. HuD issues acceptance, funding approval: June 30, 1999 1. County executes grant agreement with HUD: August 8, 1999 OTHER AGENCY INVOLVEMENT County staff worked with staff from the participati~g cities to coordinate the public workshops, and with a variety of public and nonprofit agencies to identify needs and potential projects. FINANCIAL CONSIDERATIONS .. . C5~ ~- The CDBG and HOME programs provide adequate funding to cover county costs of administering the program. 0 () ~..... .. a pe~ples' Self-Help Housing Corporation August 21, 1998 . Dana Lilley Department of Planning and Building County Government Center San.Luis Obispo, CA 93401 Dear Dana, This letter isa request to amend the County's Consolidated Plan regarding the Peoples' Self- Help Housing Corporation (PS}ffiC) award of $150,000 to assist in the development of affordable housing in the City of Paso Robles. At this time, PSHHC has identified an unique opportunity to purchase a 17 unit development in the City of Atascadero. The Atascadero Gardens complex currently houses many very~low and low-income households who may be in jeopardy of losing this housing if these apartments were sold on the open market. Please assist PSHHC in helping these households and by creating permanently affordable housing stock in the City of Atascadero. If you deem the above request to be valid, PSHHC requests that the County begin the ~- environmental review for NEP A. Attached is a site map for Atascadero Garden Apartments, the address is 7480-7484Santa Ysabel Avenue, and the APN is 030-121:041. If you have any additional questions, please do not hesitate to call me at 781-3088 extension 443. : ~\ 3533 Empleo Street Santo Barbaro Satellite Olfice- Son Luis Obispo, California 93401 to 29 E Canon Perdido Street TEl: 1805)781-3088 FAX: (805) 544.1901 Santo Barbaro, California 9310 I E-mail: admin@pshhc.org TEl: 1805) 962.5152 www.pshhc.org A Unitp.d Way Agency FAX: (8051 962.81 52 IN THE BOARD - OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA - . __..______ day ______~_________________, 19_:-___ _. ...:.1 PRESENT:SupuvaoN - . - . " ABSENT: RESOLUTION NO. RESOLUTION APPROVING AMENDMENT TO THE 1998 ONE-YEAR ACTION PLAN OF THE SAN LUIS OBISPO COUNTY CONSOLIDATED PLAN TO CHANGE THE LOCATION OF A RESIDENTIAL PROPERTY TO BE ACQUIRED BY PEOPLE'S SELF- HELP HOUSING CORPORATION WITH 1998 HOME FUNDS FROM PASO ROBLES TO ATASCADERO The following resolution is now offered and read: WHEREAS, the County of San Luis Obispo sees a need to promote and protect decent and suitable housing and community development opportunities for the residents of this county; and~. WHEREAS, the County of San Luis Obispo, a political subdivision of the State of California, applied for and received an allocation of funds through the 1998 Home Invesbnent Partnerships (hereinafter referred to as "HOME") Program; and WHEREAS, on April 28, 1998. the County of San Luis Obispo approved the 1998 One- 0 , Year Action Plan of the San Luis Obispo County Consolidated Plan (herrinafter referred to as the "1998 Action Plan"), establishing activities for whicn 1998 HOME funds will be made available, including the $150,000 in HOME funds for the acquisition ora residential property in the City of Paso Robles by People's Self-Help 'Housing Corporation; and . WHEREAS, at the request of the People's Self-Help Housing Corporation, the County of San Luis Obispo now wishes to amend said 1998 Action Plan to allow People's Self-Help Housing Corporation to use said $150,000 in 1998 HOME funds for acquisition of a residential property .in the City of Atascadero, instead of in the City of Paso Robles. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the CO,unty of San ~uis Obispo, State of California, -as follows: 1. The County of San Luis Obispo approves the Amendment to the 1998 One-Year Action " ~\ Plan of the San Luis Obispo County Consolidated ~lan. a copy of which is attached as Exhibit" A · . and incorporated by reference herein as though set forth in full, to change the location for use of $150,000 in 1998 HOME funds by People's Self-Help Housing Corporation to acquire a V] \ I '. j CD.J'esidential property in the City of Atascadero instead of in the City of Paso Robles. - _--! Upon motion of Supervisor , seconded by Supervi~or , and on the following roll call vote, to wit: AYES: --..,\ ./ ,- - , NOES: ABSENT: ABSTAINING: the foregoing resolution is hereby adopted. Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors '-. [SEAL] APPROVED AS TO FORM AND LEGAL EFFECT: . JAMES B. LINDHOLM, JR. , County . Counsel t By: - Deputy County Counsel , Dated: . STATE OF CALIFORNIA, } County of San Luis Obispo, 88. I. ______________.:_~___________________~________________. County Clerk and ex-ofticio Clerk of the Board of Supervisors. in and for the County of San Luis Obispo, State of California. do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. 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C c f e f :! = f .... ....._ ~ = > ._ :::I .'::: ~.2 ~!! _15 U .= U c -e t; U Tn ;; <<I ;; CI co .D u E _ _ _ 0- ... ":: U _ .-.-.-.- U.. .- C _ t~ -.-.- U~ :C.. -"1:1 C C C C C '" .= O.&J ..!!:.c c . ~ ._ ... ,.. ~ .- .- .- .- VI .- ~ u u c .. "'o~u- on C. - ~ E E E E~ E ~ c _ _ Q ~~~~~ _ u . u _ _ ~ ~ ~ ~c ~ - ~ N S e ~ E s....u~u S .5 N ~ S '" < < < <.2 < s ~ - 0 0 ~ en -~~_.. 0 c - - 0 ~ 0 ~ z f5 Z c Z ~ Z 0 ~ f"I _ U _ N .... :2 ~ - N _ ,~ -: N .... ~ '" = <.... _ en ~ ~ c:Io. fI.I .... fI.I ~ --_._._--~-- -- A TT ACHMENT B A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ARROYO GRANDE FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER GRANT PROGRAM FOR FISCAL YEARS 2000 THROUGH 2002 THIS AGREEMENT is made and entered into this 22nddayof June , 1999, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "County"; and the City of Arroyo Grande, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "City"; jointly referred to as "Parties." WIT N E SSE T H: WHEREAS, In 1974, the U. S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act". Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; WHEREAS, Title I of the Act is entitled "Community Development" and consolidates several existing categorical programs for housing and community development into new programs for such housing and development under block financial grants. The primary objectives of Title I are the improvement and development of metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; WHEREAS, the County of San Luis Obispo has requested of HUD that the County be designated as an "urban county", and County has been informed preliminarily, subject to final determination, that it will qualify as an urban county and be eligible to receive CDBG funds provided that the County's entitled cities defer their entitlement to the County to enable both the County and the entitlement cities to jointly participate in the program; WHEREAS, the City desires to participate jointly with the County in said program; WHEREAS, if HUD designates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnerships Program (hereinafter referred to as "HOME"), the Emergency Shelter Program (hereinafter referred to as "ESG"), and the Housing Opportunities for Persons with Aids Program (hereinafter r~ferred to as IIHOPWA"); WHEREAS, the Community Development Block Grant Regulations issued pu~suant to the Act provide that qualified urban counties must submit an application to the 1 Department of Housing and Urban Development for funds, and that cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more cornprehensive county effort; WHEREAS, as the urban county Applicant, the County must take responsibility and assume all obligations of an applicant under federal statutes, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances or certifications; WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the Urban County CDBG, HOME, ESG and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: SECTION I. General. A. Responsible Officers. The County Administrative Officer of the County of San Luis Obispo (hereinafter referred to as "CAO") is hereby authorized to act as applicant for the CDBG, HOME, ESG and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing; public services; and economic development. C. Term of Agreement. The term of this Agreement shall be for a period of three (3) years commencing on the date specified below and extending through federal fiscal years 2000, 2001, and. 2002. The Agreement remains in effect until the CDBG, HOME, ESG and HOPWA program funds and income received with respect to the three-year qualification period are expended and the funded activities are completed. The Parties may not terminate or withdraw from the Agreement while the Agreement remains in effect. D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Entitlement Program, the HOME Program, the Emergency Shelter Grant (ESG) Program, and the Housing Opportunities for Persons With AIDS (HOPWA) Program. 2 SECTION II. PreDaration and Submittal of CDBG Fundina ADDlications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds under the above recited Act. B. Consolidated Plan. City shall assist the County by preparing a community development plan, for the period of this Agreement, which identifies cornmunity development and housing needs, projects and programs for the City; and specifies both short- and long-term City objectives, consistent with requirements of the Act. County agrees to: (1) include the City plan in the program application, and (2) include .City's desired housing and community development objectives, policies, programs, projects and plans as submitted by City in the County's consolidated plan. C. Application Submittal. County agrees to commit sufficient resources to completing and submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2000, and to hold public hearings as required to meet HUO requirements.- D. County Responsibility. Parties agree that the County shall, as applicant, be responsible for holding public hearings and preparing and submitting the CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2000. E. Grant Eligibility. In executing this Agreement, the Parties understand that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the Urban County COBG entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG or HOPWA programs except through the urban county, unless the urban county does not qualify for or declines to accept formula allocations under these programs. SECTION III. Proaram Administration. A. Program Authorization. County Administrator is hereby authorized to carry out activities which will be funded from the annual COBG, HOME, ESG and HOPWA programs from federal fiscal year 2000, 2001, and 2002 appropriations and from any program income generated from the expenditure of such funds. B. Responsibilities of Parties. Parties agree that the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG, HOME, ESG and HOPWA applications, and that County shall thereby become legally liable and responsible thereunder for the proper performance of the plan and COBG, HOME, ESG and HOPWA urban county programs. City agrees to act in good 3 ~-' faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations. C. City Assistance. City agrees to undertake, conduct, perforrn or assist the County in performing the essential community development and housing assistance activities identified in the City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501 (b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as set forth in 24 CFR 570.503. SECTION IV. Use of Proaram Funds. A. Allocation of COBG funds. All funds received by County pursuant to this Agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUO to comply with Title I of the Housing and Community Oevelopment Act of 1974, as amended. 1) Metropolitan Cities' Allocation. Parties agree that County shall "pass through" the allocated COBG funds to City as subrecipient within 30 days of written request by City to fund specific projects or prograrns, up to a total amount equal to that to which City would have been entitled had it applied separately as a "metropolitan city", using HUO allocation formulas as applied by County, and that no "administrative" fee or other fees will be deducted by the County to meet its obligations under the terms of this Agreement. Further, with respect to such "pass through" funds, County agrees to fully cooperate and assist City in expending such funds. 2) Non-Metropolitan Cities' Allocation. County agrees to allocate a portion of COBG program funds to the non-Metropolitan, incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the urban county formula award from HUO increases as a result of the HUO allocation formulas as applied by County. 3) Special Urban Projects Fund. It is further agreed that County shall set aside a portion of COBG funds as a Special Urban Projects Fund, available to all participating incorporated cities and the County in San Luis Obispo County on a competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban county formula COSG funding after deducting the allocations for cities as described in paragraphs 1 and 2 above. The Special Urban Projects Fund shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities participating in the program. 4 ------- 4) County allocation. City agrees that urban county formula COSG funds remaining after deducting allocations for cities and the Special Urban Projects Fund comprise the County allocation. B. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain administrative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City's plan; and further, County agrees that after "pass through" of COSG program funds to City, County shall not use its remaining balance of funds in any way that would limit City's ability to use its COSG funds to the maximum extent allowed by HUO for administrative, public service, or program purposes. C. Income Generated. City shall notify the County of any income generated by the expenditure of COSG funds received by the City. Such program income may be retained by City subject to the provisions of this Agreement, the Act and its Regulations. Any program income retained must only be used for eligible activities in accordance with all COSG requirements as then apply. D. Use of Program Income. County shall monitor the use of any prograrn income, requiring appropriate record-keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out or change of status of the City, all program income on hand or received by the City subsequent to the close-out or change of status shall be paid to the County. In the event that the City withdraws from the urban county to become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from urban county activities shall be retained by the City to be used as additional COSG funds subject to all applicable requirements governing the use of COSG funds. E. Change in Use of Property. City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDSG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use. F. Reimbursement Upon Sale or Transfer. City shall reimburse the County in an amount equal to the current fair market value, less any portion thereof attributable to expenditures of non-COSG funds, of property acquired or improved with COSG funds that is sold or transferred for a use which does not qualify under the Regulations. City shall inform the County of such program income within thirty (30) days if the income results from the sale or change of use of property acquired or improved with COSG funds. G. Fair Housing Implementation. Parties agree that no urban county funding shaft be allocated or expended for activities in or in support of any cooperating unit of 5 general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. H. Conflict Resolution. In the event of disagreement or objections by City or County as to the allocation, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD's binding arbitration and written determination as to the appropriate resolution or disposition of funds. SECTION V. Amendment or Extension of Aareement. A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, County and City shall enter into a Subrecipient Agreement, prepared jointly by County and City, that will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Subrecipient Agreement will set forth the project changes, time schedule for completion of the project(s), and additional funding sources, if any. If substantial compliance with the completion schedule cannot be met by the City due to unforeseen or uncontrollable circumstances, the City may extend the schedule for project completion, as allowed by federal regulations. B. Amendments. Parties agree that a fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant to the Act. SECTION VI. ComDliance with Federal Reaulations. A. General. Parties agree to take all actions necessary to comply with the urban county's certification required by section .104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Comrnunity Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with: 1) An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2) A plan for minimizing displacement of persons as a result of CDBG-assisted. activities and programs, and to provide assistance to such persons. 6 C. Citizen Participation Plan. Parties agree to follow a citizen participation plan which: 1 ) Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provides citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; 3) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for handicapped persons; 4) Provides for a timely written answer to written complaints and grievances, within 1 5 working days where practicable; 5) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. D. Parties hereby certify, to the best of their knowledge and belief, that: 1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative" agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 2) Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) Certification Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, I i 7 subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into. E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144, (the 1990 HUD appropriations Act), the Parties certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non- violent civil rights demonstrations; and 2) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions. SECTION VII. Execution of Agreement and Recordkeeping. A. HUD Certification. The CAO or the City Manager are hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certifications executed by the CAD or City Manager for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be open and available for inspection by auditors assigned by HUD and/or County on reasonable notice during the normal business hours of the City. IN WITNESS WHEREOF, the City Council of the City of Arroyo Grande and the Board of Supervisors of the County of San Luis Obispo have authorized this Cooperation Agreement and direct its execution by their respective chief executive officers on this 22n'tJay of June , 1999. 8 County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. By: eputy County Counsel , . -.", ..,.....;-.....-<..- .....::.:,.;":"' ~ ......,........~..;,: ..,~~_.. ....."'....,. COUNTY 9FfAN Luis OBIS.PO....... ... .-- /' '-.. J l \ ~'~ By: ~,~ I- VI"- Chairman of t~e Board of Supervisors ATTEST: jUi..m L. RODFwALD Julie Rodewald, County Clerk 8'1 I 9 . ,~//<4- MICHAEL A. LADY, MA Y6R ATTEST: .41' , I / , ~ .' r . I / ,- ... I ';---" c I ~ fLI/! /l.t.r ~tUll.l_-- - \ I. KELLY WETMOR~ ADMINISTRATIVE SERVICES DIRECTOR/ .' ! DEPUTY CITY CLERK APPROVED AS TO CONTENT: lCt~L.~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: 10 Ii MEMORANDUM TO: FROM: TOM BUFO COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REQUEST FOR SHORTENED STATE CLEARINGHOUSE REVIEW PERIOD - VILLAGE GLEN ANNEXATION DRAFT EIR DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended that the City Council authorize the Mayor to sign the attached letter to the State Office of Planning and Research ("OPR") requesting a shortened review period for the revised Village Glen Annexation draft Environmental Impact Report. FUNDING: There is no fiscal impact from this proposed action. DISCUSSION: Section 15105(d) of the Guidelines for the California Environmental Quality Act ("CEQA") authorizes the decision making body of the lead agency to apply for a shortened State Clearinghouse draft environmental impact report review period under certain specified circumstances. As the Council is aware, the Village Glen Annexation project has been revised to include an elementary school site to alleviate the severe overcrowding in area elementary schools. Except for the addition of the elementary school site, the project has not substantially changed; the area of disturbance, area of impact, and site boundaries have not changed. Both the Lucia Mar Unified School District ("School District") and Village Glen Homes, the project applicant, have requested that the City Council apply for a shortened State Clearinghouse review for the revised Village Glen Annexation draft Environmental Impact Report. The School District is under critical time constraints with regard to obtaining financing for the proposed school construction. A reduction in State Clearinghouse review time from 45 days to 30 days would I greatly assist the School District in its application for construction funds. , --------. ._---_._~-- - CITY COUNCIL REQUEST FOR SHORTENED STATE CLEARINGHOUSE REVIEW PERIOD - VILLAGE GLEN ANNEXATION DRAFT EIR AUGUST 24, 1999 PAGE 2 Alternatives The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. Attachments: Proposed letter to State Clearinghouse - Office of Planning and Research .~.___ J ~~o/ P.O. Box 550 ~ ~~ 214 East Branch Street Arroyo Grande, CA 93421 OFF1CE of the MAYOR Phone: (80S) 473-5404 FAX: (80S) 473-0386 E-MaU: agclty@arroyogrande.org DRAFT August 25, 1999 STATE OF CALIFORNIA GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 Tenth Street Sacramento, CA 95814 RE: Draft Environmental Impact Report Village Glen - Tentative Tract 2265 Request for Shortened Clearinghouse Review Dear Madam or Sir: On behalf of the City Council of the City of Arroyo Grande, this is to request a shortened review period (from 45 to 30 days) from the State Clearinghouse - Office of Planning and Research for the draft Environmental Impact Report for the above-referenced project, pursuant to CEQA Guidelines section 15105(d). The notice of preparation and initial study for the project were sent to the State Clearinghouse on August 8, 1999. This project was first reviewed by OPR on or about July, 1998. The Department of Fish and Game was the only State agency that commented on the original draft EIR. Primarily as a result of public and City Council comment, the project has been revised to include an elementary school site to help alleviate severe overcrowding in area elementary schools. Except for the addition of the school site, the project has not substantially changed; the area of disturbance, area of impact and site boundaries have not changed. As more specifically described in the attached letter from the Assistant Superintendent for the Lucia Mar Unified School District, Sandra Davis, the School District is under critical time constraints with regard to obtaining financing for the proposed school construction. Because of acute overcrowding in area elementary schools, if this project is not processed expeditiously, the health and safety of the community would be at risk. STATE OF CALIFORNIA GOVERNOR'S OFFICE OF PLANNING AND RESEARCH RE: REQUEST FOR SHORTENED CLEARINGHOUSE REVIEW AUGUST 25, 1999 PAGE 2 The City would greatly appreciate your prompt consideration of this request. Sincerely, MICHAEL A. LADY MAYOR c: City Council City Manager City Attorney G. Young - Village Glen S. Davis - Lucia Mar Unified School District .J MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~ SUBJECT: SUPPORT OF AB 1448 AND ACA 16 - THE FAIR COMPETITION AND TAXPAYER SAVINGS ACT DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended that the City Council adopt a resolution supporting Assembly Bill 1448, Assembly Constitutional Amendment 16, and the Fair Competition and Taxpayer Savings Initiative. FUNDING: The Assembly Bills and Initiative have the potential to expedite State and Federally funded projects, which will reduce costs to the State and local agencies. DISCUSSION: In 1998, the Professional Engineers in California Govemment (PECG). placed an Initiative on th.e ballot (Proposition 224) that would have required any public works projects that involved State funding to be designed by State employees. The City Council approved a resolution in opposition to Proposition 224 and Califomia voters defeated the Proposition. Unfortunately the supporters of Proposition 224 also pursued their case in court. The California Supreme Court agreed with PECG's interpretation ofthe State Constitution. This means that the State is essentially banned from contracting out for design services. This requirement will make it more difficult to design and construct public works projects in a timely manner. Past projects involving Caltrans have experienced delays due to a lack of responsiveness and lengthy review periods. If projects such as the Grand Avenue Improvement Project had to be designed by the State, they may be delayed indefinitely. If all design work on the State Highway System must be done by the State, it is likely that a huge backlog will develop. This backlog would further delay critical health and safety projects that are needed now. The Fair Competition and Taxpayer Savings Initiative would expressly allow State and local governments to contract out for design services. Signatures are currently being gathered to place this Initiative on the March 2000 ballot. At the same time, a legislative remedy is also being pursued through AB 1448 and ACA 16. Both AB 1448 and ACA 16 contain the same language as the Initiative. RESOLUTION NO. A RESOLUTION IN SUPPORT OF "THE FAIR COMPETITION AND TAXPAYER SAVINGS" INITIATIVE AND LEGISLATION WHEREAS, California's population growth has resulted in the demand for more than $90 billion worth of highway, school, prison, flood control and other infrastructure improvement projects; and WHEREAS, the need for State and local governments to contract with the private sector for architectural and engineering services has never been greater; and WHEREAS, a series of successful lawsuits by Caltrans has resulted in effectively banning the State from contracting with private engineers and architects for design services; and WHEREAS, a recent study by the California Bysiness Roundtable has determined the Caltrans lawsuits will create a $3 billion backlog of highway and bridge projects alone; and WHEREAS, in order to stop Caltrans' continuing effort to prevent State and local government from utilizing private engineers and architects. an initiative and legislation known as "The Fair Competition and Taxpayer Savings Act" have been prepared; and WHEREAS, the Fair Competition and Taxpayer Savings Act changes California's laws and allows State and local government to contract with private companies for architectural and engineering services; and WHEREAS, the Fair Competition and Taxpayer Savings Act will save California's taxpayers money by encouraging competition between State employees and the private sector; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby support "The Fair Competition and Taxpayer Savings Act" for architectural and engineering services as an initiative and legislation. On motion by Council Member . seconded by Council Member , and by the following roll call vote. to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of . 1999. -- ------ RESOLUTION NO. Page 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK K;ROVED AS TO CONTENT: btlIL. ~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY , The Fair Competition and Taxpayer Savings Initiative for Architectural and Engineering Service 1. Permits Contracting Out of Architectural and Engineering Services: Allows state and local governments, special districts and school districts to contract with private companies for architectural and engineering services. Defines such services as architectural, landscape architectural, environmental, engineering, land surveying and construction management. 2. Local Choice to Deliver Transportation Projects On-Time: Gives local governments greater control over transportation improvements so that highway, bridge and transit projects can be delivered on-time and within budget. 3. Competitive Selection and Taxpayer Safeguards: Requires contracts be awarded through a competitive selection process that: · Prohibits government employees from awarding contracts if they have a financial or business relationship with the companies involved. · Requires compliance with all laws regarding political contributions, conflicts of interest or unlawful activities. . Subjects all architecture and engineering contracts to standard accounting practices. · Permits financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. 4. Strict Design and Construction standards: Already established project seismic safety, project design and construction standards are not changed by the initiative. 5. Only Applies to Architectural and Engineering Services: This measure does not apply to any other contracts except for architecture and engineering services. For example, it does not apply to peace officers, teachers or correction officers. Taxpayers for Fair Competition · 111 Anza Boulevard, Suite 406 · Burlingame, CA 94010 4/14/1999 Phone: (650) 340-0470. Fax: (650) 340-1740 .~- FAIR COMPETITION AND TAXPAYER SAVINGS INITIATIVE SECTION 1. TITLE. This measure shall be known and may be cited as the "Pair Competition and Taxpayer Savings Act." SECTION 2. PURPOSE AND INTENT. It is the intent <>fthe people of the State.ofCalifornia in enacting this measure: (a) To remove existing restrictions on contracting for architectural and engineering services and to allow state, regional and local governments to use qualified private architectural and engineering firms to help deliver transportation, schools, water, seismic retrofit and other infrastructure projects safely, cost effectively and on time; (b) To encourage the kind of public/private partnerships necessary to ensure that California taxpayers benefit from the use of private sector experts to deliver transportation, schools, water, seismic retrofit and other infrastructure projects; (c) To promote fair competition so that both public and private sector architects and engineers work smarter, more efficiently and ultimately deliver better value to taxpayers; (d) To speed the completion of a multi-billion dollar backlog of highway, bridge, transit and other projects; (e) To ensure that contracting for architectural and engineering services occurs through a fair, competitive selection process, free of undue political influence, to obtain the best quality and value for California taxpayers; and (f) To ensure that private firms contracting for architectural and engineering services with governmental entities meet established design and construction standards and comply with standard accounting practices and permit financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. SECTION 3. Article XXII is hereby added to the California Constitution to read: ~ 1. The State of California and all other governmental entities, including, but not limited to, cities, counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, shall be allowed to contract with qualified private entities for architectural and engineering services for all public works of improvement. The choice and authority to contract shall extend to all phases of project development including permitting and environmental studies, rights-of-way services, design phase services and constniction phase services. The choice and authority shall exist without Tegard to funding sources whether federal, 0001 ______.._m__________________ , state, regional, local or private, whether or not the project is programmed by a state, regional or local governmental entity, and whether or not the completed project is a part of any State owned or State operated system or facility . ~ 2. Nothing contained in Article VII of this Constitution shall be construed to limit, restrict or prohibit the State or any other governmental entities, including, but not limited to, cities, counties, cities and counties, school districts and other special districts, local and regional agencies and joint power agencies, from contracting with private entities for the performance of architectural and engineering services. SECTION 4. Chapter 10.1 is hereby added to Division 5 of Title I of the Government Code to read: ~ 4529.10. For purposes of Article XXII of the California Constitution and this act, the term "architectural and engineering services" shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. ~ 4529.11. All projects included in the State Transportation Improvement Program programmed and funded as interregional improvements or as regional improvements shall be subject to Article XXII of the California Constitution. The sponsoring governmental entity shall have the choice and the authority to contract with qualified private entities for architectural and engineering services. For projects programmed and funded as regional improvements, the sponsoring governmental entity shall be the regional or local project sponsor. For projects programmed and funded as interregional improvements, the sponsoring governmental entity shall be the State of California, unless there is a regional or local project sponsor, in which case the sponsoring governmental entity shall be the regional or local project sponsor. The regional or local project sponsor shall be a regional or local governmental entity. ~ 4529.12. All architectural and engineering services shall be procured pursuant to a fair, competitive selection process which prohibits governmental agency employees from participating in the selection process when they have a financial or business relationship with any private entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities. ~ 4529.13. Nothing contained in this act shall be construed to-change project design standards, seismic safety standards or project construction standards established by state, regional or local governmental entities. ..Nor shall any provision of this act be construed to prohibit or restrict the 0002 --~_._------ . authority of the Legislature to statutorily provide different procurement methods for design-build projects or design-build-and-operate projects. ~ 4529.14. Architectural and engineering services contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. ~ 4529.15. This act _only applies to architectural and engineering services defmed in Government Code section 4529.10. Nothing contained in this act shall be construed to expand or restrict the authority of governmental entities to contract for fire, ambulance, police, sheriff, probation, corrections or other peace officer services. Nor shall anything in this act be construed to expand or restrict the authority of governmental entities to contract for education services including but not limited to, teaching services, services of classified school personnel and school administrators. ~ 4529.16. This act shall not be applied in a manner that will result in the loss offederal funding to any governmental entity. ~ 4529.17. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. ~ 4529.18. If any act of the Legislature conflicts with the provisions of this act, this act shall prevail. ~ 4529.19. This act shall be liberally construed to accomplish its purposes. ~ 4529.20. This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other governmental entities. SECTION 5. This initiative may be amended to further its purposes by statute, passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring, and signed by the Governor. SECTION 6. If there is a conflicting initiative measure on the same ballot, which addresses and seeks to comprehensively regulate the same subject, only the provisions of this measure shall become operative if this measure receives the highest affirmative vote. 0003 " - _. " .. .. AMENDED IN ASSEMBLY APRIL 12, 1999 : CALIFORNIA LEGISLATURE-I 999-2000 REGULAR SESSION ASSEMBLY BILL No. 1448 Introduced by Assembly Member Cox .. (Coauthors: Assembly Members Campb~ll, Leach, and Oller) (Coauthor: Senator Johannessen) February 26, 1999 An act to add Chapter 10.3 (commencing with Section 4529.61) to Division 5 of Title 1 of the Government Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGEST AB 1448, as amended, Cox. Public contracts: architectural and engineering services. The California Constitution provides that the civil service includes every officer and employee of the state, subject to - specified exceptions. Statutory provisions govern contracting by state and local agencIes for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. This bill would enact statutory provisions to implement a proposed amendment to the California Constitution related to public contracting for architectural and engineering services. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. . Statutory provisions establish. procedures . for 98 I - ~. , , - AB 1448 -2- making that reimbursement, including the creation Of' a State ", Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for -~ claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines ~at the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal ~ committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Chapter 10.3 ( commencing with 2 Section 4529.61) is added to Division 5 of Title 1 of the - 3 Government Code, to read: 4 5 CHAPTER 10.3. FAIR COMPETITION AND TAXPAYER 6 SAVINGS ACT 7 . 8 4529.61. For purposes of Article XXII of the California 9 Constitution and this chapter, the tenn .. archi tectural 10 and engineering services" includes shall include all 11 architectural, landscape architectural, environmental, 12 engineering, land surveymg, and construction project 13 management services. 14 4529.62. All projects included m the State 15 Transportation Improvement Program programmed and 16 funded as interregional improvements or as regional 17 improvements ftfe shall be subject to Article XXII of the 18 California Constitution. The sponsonng governmental 19 entity ftfts shall have the choice and the authority to 20 contract with qualified private entities for archi tectural 21 and engineering services. For projects programmed and 22 funded as regional improvements, the spon$onng 23 governmental entity i:r shall be the regional or local 24 project sponsor. For projects programmed and funded as 25 interregional improvements, the . sponsoring 26 governmental entity i:r shall be the State of California, 27 unless there is a regional or local project sponsor theft in 98 , I -" - ... --_.-,.~---- - ~. , -3- AB 1448 , 1 which case the sponsoring governmental entity t$- 'shall be 2 the regional or local project sponsor. The regional or local 3 project sponsor IS the shall be a regional or local 4 governmental en ti ty proposing, nominating, adopting, or 5 submitting the project for entity. inclusion In the State 6 Transportation Improyement Program. 7 4529.63. An open, publicly advertised, competitive 8 selection process shall be used by the State of California 9 and all other go",crnmental entities, including, but. not 10 limited to, cities, countics, cities and counties, special 11 districts, local and regional agencies, . and joint pOVlcrs 12 agencies, to procure private &rehi tcetural and pri "late 13 engineering services v/here the cost of theser";iccs arc 14 projected to exceed fifty thousand dollars ($50,000). 15 4529.61. 1\11 archi tectuml and engineering services 16 procured by the State of Calif{)mia and all other 17 governmental entities, including, but not limited to, 18 cities, counties, cities and counties, special districts, loeal 19 and regional agencies, and joint powers agencies, shall 20 contain a contractual provIsIOn that reqUires the pri",ate 21 cntity to bc liable to the governmental entity. 22 4529.65. 23 4529.63. All architectural and engineeling servIces 24 shall be procured pursuant. to a procedure that fair, 25 competitive selection process which prohibits 26 governmental agency employees from participating. In 27 the selection process if when they have a financial or 28 business relationship with the any private entity seeking . 29 the contract. The contract, and the procedure shall 30 reqUire compliance with all laws regarding political 31 contributions, conflicts of interest, or unlawful activities. 32 4529.66. This chapter docs not 33 4529.64. Nothing contained In this chapter shall be 34 con.strued to change project design standards, seismic 35 safety standards, or project construction standards 36 established by state, regional, or local governmental 37 entities. This chapter does not Nor shall an.y provision of 38 this chapter be construed to prohibit or restrict the. 39 authority of the Legislature to provide statutorily for 40 statutorily provide different procurement methods for 98 r- ... , - (" AB 1448 -4- ~. 1 design-build projects or design-build and: " operate 2 projects. 3 4529.67. 4 4529.65. Architectural and engmeenng services 5 contracts procured by public agencies are shall be subject 6 to standard accounting practices and may require 7 financial and performance audits as necessary to ensure 8 that contract services are delivered within the agreed 9 schedule and budget. 10 4529.68. 11 4529.66. This chapter applics only only applies to 12 archi~ectural and engineering serVIces defined m Section 13 4529.61. This chaptcr docs not Not/1ing contained in this 14 chapter shall be construed to expand or restrict the 15 authority of governmental entities to contract for fire, 16 ambulance, police, sheriff, probation, corrections, or 17 other peace officer services. This chapter docs not Nor 18 shall anything in this chapter be construed to expand or 19 restrict the authority of governmental entities to contract 20 for education services including, but not limited to, 21 teaching services, services of unclassified classified school 22 personnel, and school administrators. 23 4529.69. 24 4529.67. This chapter ffiftj' shall not be applied in a 25 manner that results will result m the loss of federal 26 funding to any governmental entity: 27 4529.70. 28 4529.68. The provisions of this chapter are severable. 29 I f any provision of this chapter or its application is held 30 invalid. that invalidity shall not affect other provisions or 3\ applil'aliollS that can be given effect without the invalid ...., prm j"illll or application.. .)- 33 .~21).71. 3~ .J.":! LJ. (, Y. If any other act of the Legislature conflicts ...- \I"/th th" provisions of this . chapter, this chapter will .':'1 36 {'{"(Tail. 37 .J5:!Y.70. This chapter shall be liberally construed to 3X ~I~.l.omp\ish its purposes. 3lJ .:"21).72. 98 I ... '. - -5- AB 1448 1 4529.71. This chapter seeks to ~ comprehensively 2 regulate the matters which are contained within its 3 provisions. These are matters of statewide concern and 4 this chapter, if enacted, is when enacted are intended to. 5 apply to charter cities as well as all other governmental 6 entities. 7 SEe. 2. Notwithstanding Section 17610 of the 8 Government Code, if the Commission on State Mandates 9 determines that this act contains costs mandated by the 10 state, reimbursement to local ag~'ncies and school 11 districts for those costs shall be made pursuant to Part 7 12 (commencing with Section 17500) of Division 4 of Title 13 2 of the Government Code. If the statewide cost of the 14 claim for reimbursement does not exceed one million 15 dollars ($1,000,000), reimbursement shall be made from 16 the State Mandates Claims Fund. . - 0 . 98 I ~- , -3- ACA 16 . 1 PUBLIC CONTRACTS 2 3 SECTION 1. This article shall be known as the "Fair 4 Competition and Taxpayer Savings Act." 5 SEe. 2. The State of California and all other public 6 entities, including, but not limited to, cities, counties, 7 cities and counties, special districts, local and regional 8 agencIes, and joint powers agencIes, may contract with 9 private entities for architectural and engineering services 1 0 for all public works of improvement. The choice and 11 authority to contract extends to all phases of project 12 development, including pennit and environmental 13 studies, rights-of-way services, design phase services, and 14 construction phase services. The choice and authority to 15 contract exist without regard to funding source, whether 16 federal, State, regional, local, or private, whether or not 17 the project is programmed by a State, regional, or local 18 government entity, or whether or not the completed 19 project IS a part of any state-owned or state-operated 20 system or facility. 21 SEe. 3. Article VII may not be construed to restrict 22 or prohibit the State or any other public entities, 23 including, but not limited to, cities, counties, cities and 24 counties, special districts, local and regional agencies, and 25 joint power agencIes, from contracting with private 26 entities for the performance of architectural or 27 engineering services. 28 SEe. 4. Chapter 10.3 (commencing with Section 29 4529.61) of Division 5 of Title 2 of the Government Code, 30 or any successor, may be amended only by a bill that 31 furthers the purposes of this measure and is passed in each 32 house of the Legislature ~ by rollcall vote entered in the 33 journal, two-thirds of the membership concurring. o 99 r- ..- ---_."- 9k MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER tfJt SUBJECT: THE SCENIC CREEKSIDE WALK THROUGH THE HISTORIC VILLAGE OF ARROYO GRANDE, PHASE 1A - REVISED FUND TRANSFER AGREEMENT DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended that the Council: A. adopt the attached Resolution authorizing the Mayor to execute State Funded Transportation Enhancement Activities (TEA) Agreement No. T-5199(002)R1; and, B. direct the Director of Administrative Services to submit State Funded Transportation Enhancement Activities (TEA) Agreement No. T-5199(002)R1 to Caltrans. FUNDING: . The City secured $68,000 in Transportation Enhancement Activities (TEA) funds for Phase 1A of the Scenic Creekside Walk Through the Historic Village of Arroyo Grande project ("Project"). DISCUSSION: On July 14,1998, the City Council adopted Resolution No. 3312, authorizing the Mayor to execute TEA Agreement No. T -5199(002) and the Agreement was subsequently executed between Caltrans and the City. Item 5 of Section II of the Agreement states that the City shall prepare and submit a final invoice no later than June 30" 1999. Because of the need to rebid Phase 1 A of the Project, the Project was not awarded by the City Council until June 22, 1999, and the construction contract wasn't executed until after June 30, 1999. Therefore, Caltrans and the City need to enter into a revised agreement which extends the June 30, 1999, deadline to June 30, 2000. The Agreement states that a resolution must be adopted by the City that clearly identifies the project and the official authorized to execute the State Funded. Transportation Enhancement Activities Agreement. Once the revised agreement is executed, the City will submit a final invoice for the $68,000. jep:232.5607\scoping&phase1\TEA. wpd RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ~ APPROVING STATE FUNDED TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) AGREEMENT NUMBER T -5199(002)R1 FOR PHASE I OF THE SCENIC CREEKSIDE WALK THROUGH THE HISTORIC VILLAGE OF ARROYO GRANDE PROJECT WHEREAS, State Funded Transportation Enhancement Activities (TEA) Agreement Number T -5199(002)R1 designates the State funds requested and the matching funds to be provided by the City ~or Phase I of the Scenic Creekside Walk Through the Historic Village of Arroyo Grande project ("project") ; and, WHEREAS,.the City is eligible to receive Transportation Enhancement Activities (TEA) funds for this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby: .1. approve Exhibit A attached hereto, entitled "Defederalized Transportation Enhancement Activities Fund Transfer Agreement No. T-5199(002)R1"; and 2. appoint the Mayor as the official representative authorized to sign Defederalized Transportation Enhancement Activities Fund Transfer Agreement No. T- 5199(002)R1. - On motion of Council Member , seconded by Council Member . and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 24th day of August 1999. _._-_._-~.,- Resolution No. Page 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: 'tb L. f--hw) ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: - TIMOTHY J. CARMEL, CITY ATTORNEY -----------~----~ -- EXHIBIT "A" DEFEDERALIZED TRANSPORTATION ENHANCEMENT ACTIVITIES FUND TRANSFER AGREEMENT Agreement No.: T-5199(o02) Rl Location: 05-SLO-0-AfI~rd Project No.: T -5199(002) EA: 05-142024L TIllS AGREEMENT, entered into on -' 199-, is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as STATE, and City of Arroyo Grande, a public agency, hereinafter referred to as" ADMINISTERING AGENCY." WHEREAS, the Interrnodal Surface Transportation and Efficiency Act (ISTEA) of 1991 identified Transportation Enhancement Activities (TEA) projects as eligible for funding from Surface Transportation Program (STP) funds provided to STATE and required that 10 percent of the annual apportionments for STP be used for TEA purposes, and WHEREAS, the California Transportation Commission (CTC) has selected certain TEA projects for funding with federal STP funding and STATE matching funds, and WHEREAS, STATE and the Federal Highway Administration (FHW A) have agreed to implement an Innovative Financing Test which consolidates state matching funds into defederalized TEA projects which are used as a program match for other 100 percent federally funded TEA projects, and WHEREAS, ADMINISTERING AGENCY has applied to the CTC and has been selected to receive funds for the purpose of reconstructing existing deteriorated access points (stairs and ramDs) to Dedestrain paths, hereinafter referred to as "PROJECT" , and WHEREAS, PROJECT funding is proposed as follows: - State Funds - LocalFunds Total Cost PE 15,492 2,008 17,500 RIW 7,200 1,500 8,700 CE 5,754 746 6,500 CON ST. 39,554 5,126 44,680 TOTAL 68,000 9,380 77,380 and WHEREAS, STATE is required to enter into an agreement with ADMINISTERING AGENCY to delineate certain responsibilities relative to prosecution of said PROJECT, and Whereas, ADMINISTERING AGENCY has approved entering into this Agreement under authority of Resolution No. , approved by ADMINISTERING AGENCY on , a copy of which is attached. For Caltrans Use Only I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance Accounting Officer T Date 1$ Chapter Statutes Item Fiscal Program BC Category Fund $ Year Source 162 1996 2660-126-0042 96-97 20.30.400.000 C 262042 26-042T 100% State TEA REV. 2/4/97 2 NOW, THEREFORE, the parties agree as fo.llows: SECTION I STATE AGREES: 1. To pay ADMINISTERING AGENCY for STATE's share of eligible participating PROJECT costs in an amount not to exceed $68,000 2. To pay ADMINISTERING AGENCY with a single lump sum payment upon award of a construction contract for PROJECT and receipt of an original and two copies of a signed initial invoice in the proper form, including identification of this Agreement Number and Project Number, from ADMINISTERING AGENCY for the actual STATE contributory sum not to exceed that amount set forth in Article (1) above. 3. When conducting a subsequent audit of the actual PROJECT costs claimed under the provisions of this Agreement, STATE will rely to the maximum extent possible on any prior audit of ADMINISTERING AGENCY pursuant to the provisions of State and federal laws. In the absence of such an audit, }York of other auditors will be relied upon to the extent that work is acceptable to STATE when planning and conducting additional audits. SECTION II ADMINISTERING AGENCY AGREES: 1. To use all state funds paid hereunder only for the TEA project as described in ADMINISTERING AGENCY's approved PROJECT application referenced in Section III, Article 8 and as further required by the terms of this Agreement. 2. To use all state funds paid hereunder only for those PROJECT transportation purposes that conform to Article XIX of the California State Constitution. 3. To advertise, award and administer PROJECT in accordance with proper ADMINISTERING AGENCY contracting procedures. 4. Upon award of a construction contract for PROJECT, to prepare and submit to STATE an original and two copies of a signed initial invoice for STATE's share in an amount not to exceed that amount set forth in Section I, Article (1). Said invoice should be mailed to the Department of Transportation, Accounting Service Center, Local Programs Accounting Branch, P.O. Box 942874, M.S. 33, Sacramento CA, 94274- 0001. 5. To prepare an original and two copies of a signed final PROJECT invoice reporting all actual eligible costs and all STATE and ADMINISTRATING AGENCY funds expended and submit the signed invoice, along with any proportionate refund due STATE, to the address shown in Article (4) above 60 days after completion of PROJECT, but no later than June 30, 2000 . 6. In the event the estimated cost of PROJECT decreases by reason of low bids or otherwise, the allocation of STATE funds shown in Section I, Article (1) will be decreased proportionately with ADMINISTERING 100% State TEA . REV. 2/4/97 ----~------ .., .J AGENCY's decrease in participating contributions. Any initial overpayment will be refunded by ADMINISTERING AGENCY to STATE, with the final invoice required in Article (5) above. 7. Any costs for which ADMINISTERING AGENCY receives payment that are determined by subsequent audit to be unallowable are to be repaid to STATE by ADMINISTERING AGENCY within thirty (30) days of ADMINISTERING AGENCY receiving notice of audit findings. Should ADMINISTERING AGENCY fail to reimburse moneys due STATE within (30) days of demand, or within such other period as may be agreed between both parties hereto, ADMINISTERING AGENCY agrees that STATE may exercise the right to withhold future payments due ADMINISTERING AGENCY from any source, including, but not limited to, the State Treasurer and the State Controller. 8. ADMINISTERING AGENCY and its subcontractors shall maintain all source documents, books and records connected with its performance under this Agreement for a minimum of three years from the date of submittal of the final invoice to STATE or until audit resolution is achieved and shall make all such supporting information available for inspection and audit by representatives of STATE. Copies will be made and furnished by ADMINISTERING AGENCY upon request. - 9. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. SECTION III IT IS MUTUALLY AGREED: - . 1. All obligations of STATE under the terms of this Agreement are subject to the availability of the STATE funds encumbered under this Agreement. 2. In the event that ADMINISTERING AGENCY fails to complete PROJECT commenced and reimbursed under this Agreement or fails to comply with applicable federal and State laws and regulations, STATE reserves the right to terminate funding for PROJECT, or portions thereof, upon written notice to ADMINISTERING AGENCY and ADMINISTERING AGENCY agrees to repay STATE, within 30 days of receiving a bill from STATE, for all of the terminated funding already received. 3. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this Agreement to provide otherwise. With the approval of STATE, ADMINISTERING AGENCY, or its successors in interest in the property, may transfer this obligation and responsibility to maintain and operate the property to another public entity. 4. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon ,its contractor being relieved ofthe responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over PROJECT shall maintain the completed work in a manner satisfactory to the authorized representatives of STATE. If, within 90 days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly maintained, and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of any future STATE funded and or Federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been restored or put in a condition of maintenance 100% State TEA REV. 2/4/97 4 satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated through due process of law. 5. The maintenance responsibilities referred to in Article 3, above, include not only the physical condition of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as the project requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor working pursuant to an agreement with ADMINISTERING AGENCY. All maintenance will be perfonned at regular intervals or as required for efficient operation of the complete PROJECT improvements. 6. In all real property transactions acquired as part of PROJECT, following recordation of the deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, there shall also be recorded a separate document which is an " Agreement Declaring Restrictive Covenants. Said Agreement Declaring Restrictive Covenants will incorporate assurances that ADMINISTERING AGENCY will maintain and operate said property in compliance with Articles 3, 4 and 5 above and establish provisions for reconveyance of said property to STATE in the event of ADMINISTERING AGENCY's failure to operate or maintain said property for the intended public use described in ADMINISTERING AGENCY's application referenced in Section.UI, Article 8. 7. If PROJECT involves work on the State Highway System, it shall also be the subject of a separate standard fonn of encroachment penn it and, where appropriate, a cooperative agreement between STATE and ADMINISTERING AGENCY to detennine how PROJECT is to be constructed. 8. The Legislature ofthe State of California has enacted legislation by which certain Federal funds may be allocated to ADMINISTERING AGENCY by the CTC after being recommended for funding by the Regional Transportation Plavning Agency (RTPA) and approved by the FHWA for the enhancement project submitted by ADMINISTERING AGENCY as described in the TEA PROJECT application fonn; and as such the TEA application submitted by ADMINISTERING AGENCY and all assurances contained therein are, by this reference, made an express part of this Agreement. Should any conflict exist between the PROJECT application and the Agreement, the Agreement shall prevail. 9. PROJECT downscoping and/or phasing will require another approval by both the appropriate RTPA and the CTC. No additional funds will be made available by the CTC for PROJECT cost overruns. ADMINISTERING AGENCY will be required to downscope, split PROJECT into phases or provide additional matching funds to cover PROJECT cost overruns. 10. ADMINISTERING AGENCY will maintain an inventory of all non expendable equipment, defined as having a useful life of at least two years and an acquisition cost of $500 or more, paid for with PROJECT funds. Upon tennination of this Agreement, ADMINISTERING AGENCY may either keep such equipment and credit STATE its share of the equipment's fair market value or sell such equipment at the best price obtainable at a public sale, in accordance with established STATE procedures, and reimburse STATE its share of the sale price. 11. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by ADMINISTERING AGENCY u~der or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and savehannless the State of California, its officers and employees from all claims, suits or actions of every n~e, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done 100% State TEA REV. 2/4/97 -- 5 or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. 12. This Agreement shall terminate on June 30,1998; However, the PROJECT ownership, operation, maintenance, and liability clauses, as set forth in paragraphs 3, 4, 5, 6 and 11 of this Section III, shall remain in effect until terminated or modified in writing, by mutual agreement of the parties. STATE OF CALIFORNIA CITY/COUNTYIETC Department of Transportation By: By: Chief, Office of Local Programs Title: Project Implementation Date: Date: - - - 100% State TEA REV. 2/4/97 STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS P.O. BOX 942874, MS #1 CITY OF SACRAMENTO, CA 94274-0001 ARROYO GRANDE TDD (916) 654-4014 (916) 654-3151 AUG 09 1999 Fax: (916) 654-2409 August 6, 1999 PUBLIC WORKS DEPT. File: 05-SLO-0-ARGD T-5199(002) IN THE CITY OF ARROYO GRANDE Mr. Don Spagnolo Director Of Public Works/City Engineer - City of An'oyo Grande PO Box 550 Arroyo Grande, CA 93421 Attn: Ms. Jill E. Peterson Dear Mr. Spagnolo: - Enclosed are two originals of the State Funded Transportation Enhancement Activities (TEA) agreement number T-5199(002)R1 for the above-referenced project. Please sign both copies of this Agreement and return them to this office, Office of Local Programs - MSl. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratfication by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. If the agreement cannot be approved by your agency within six weeks, please return it. A replacement Agreement will be resubmitted later when your agency submits a request, with the agreement check list fOlm, indicating it is ready to proceed. Sincerely, ~VHUGH .. RADY, Chief Office of Local Programs Project ImplementatlOn Enclosures: cc: OLP AE Project Files (05) DLAE- Jerald T. Gibbs TEASAG.FRX "We'll Find a Way" . MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~ SUBJECT: GRAND AVENUE, ELM STREET TO HALCYON ROAD, PROJECT NO. 60-70-90-98-6 - PROGRESS PAYMENT NO.1 DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended that the City Council authorize Progress Payment NO.1 in the amount of $97,561.26 to Whitaker Contractors, Inc. for the Grand Avenue. elm Street to Halcyon Road. capital improvement project. FUNDING: On June 22, 1999, the Council awarded the construction contract for the Grand Avenue, Elm Street to Halcyon Road Project, to Whitaker Contractors, Inc. in the amount $1,707.535 and authorized a contingency of $170.750 to be used for unanticipated costs during the construction phase of the project ($1.878,285 total available funding). DISCUSSION: An Application for Progress Payment NO.1 was received from Whitaker Contractors. Inc. for work completed between July 19 and July 30.1999. for the Project. As of July 30". the contract was 6% complete and $108,401.40 of the $1,707,535 available funds (or 6%) has been requested by the Contractor. The contract end date is January 14, 2000, which is consistent with the tentative project schedule presented to the City Council at the time of construction contract award. Attachments: Application for Progress Payment NO.1 C:'My Documenta\Projects\Gr8nd Ave.5806\Prog.pay.1.wpd - - ---...--...--------.--------- CU-y of Ayyoyo-GY~ Public Works Deparbnent Application for Progress Payment Contract Name: Grand Avenue, Elm St to Halcyon Rd Contract No: 60-70-90-98-6 Progress Payment No: 1 City Account No: 350-5806-70011" $97,561.26 Payment Date: 7/30/1999 Bid Estimate Amended Estimate Pay to Date Bid Unit Unit Unit Percent Item Unit DescriDtion Qty Price Amount Qty Price Amount Qty Price Amount Complete Gan_' ~....uil1llllel1ts 1 LS Mobilization Allowance 1 $ 10000.00 $ 10 000.00 1 $10000.00 $ 10000.00 0.80 $10000.00 $ 8000.00 80% 2 LS TrafIIc ContJoI 1 $ 80 000.00 $ 80 000.00 1 $80 000.00 $ 80 000.00 0.08 $80 000.00 $ 4800.00 8% 3 LS Trench Sheetina. Shorina or Bnicina 1 $ 16875.00 $ 18875.00 1 $16875.00 $ 16 875.00 0.09 $16 875.00 $ 1 518.75 9% 4 LS ConstructIon SuIWlV 1 $ 17 900.00 $ 17 900.00 1 $17900.00 $ 17 900.00 0.08 $17900.00 $ 1 432.00 8% W_S 5 LF 4.PVC Clua150 C900WaterMain 45$ 29.00 $ 1 305.00 45 $ 29.00 $ 1 305.00 o $ 29.00 $ . 0% 6 LF 8"PVC Clua150 C900WaterMain 185 $ 24.80 $ 4551.00 185 $ 24.80 $ 4 551.00 42 $ 24.6& $ 1 033.20 23% 7 LF 8"PVC Clua150 C9OOW_Main 42 $ 78.00 $ 3276.00 42 $ 78.00 $ 3278.00 o $ 78.00 $ . 0% 8 LF 10" PVC Clua150 C900 W_ Main 146 $ 68.00 $ 9838.00 146 $ 68.00 $ 9838.00 80$ 88.00 $ 3960.00 41% 9 LF 12" PVC Clua150 C900 W_ Main 3013 $ 46.00 $ 144 824.00 3013 $ 46.00 $ 144 824.00 415 $ 46.00 $ 19920.00 14% 10 EA 4. Gate V..... Assembly 1 $ 825.00 $ 825.00 1 $ 825.00 $ 825.00 o $ 825.00 $ . 0% 11 EA 8" Gate Valve Assembly 4 $ 825.00 $ 2500.00 4 $ 825.00 $ 2500.00 1 $ 825.00 $ 825.00 25% 12 EA 8" Gate Valve Assemblv 1 $ 3190.00 $ 3 190.00 1 $ 3190.00 $ 3 190.00 o $ 3 190.00 $ . 0% 13 EA 10" ~ Valve AssemblY 2 $ 1 975.00 $ 3950.00 2 $ 1 975.00 $ 3950.00 2 $ 1975.00 $ 3950.00 100% 14 EA 12" ~ Valve Assembly 9 $ 1 990.00 $ 17910.00 9 $ 1 990.00 $ 17910.00 3 $ 1 990.00 $ 5970.00 33% 15 EA Replace 1. WalM Service and Meter Box 35 $ 1,350.00 $ 47,250.00 35 $ 1,350.00 $ 47,250.00 o $ 1,350.00 $ 0% IP8r Construction Note 1.WI 16 EA Replace 2" WalM Selvlce and Meter Box 2 $ 1,890.00 $ 3,780.00 2 $ 1,890.00 $ 3,780.00 o $ 1,890.00 $ 0% !Par ConstructIon Note 2.WI 18{b) EA Replace 2" WalM Selvlce and 1. Meter Box 5 $ 1,700.00$ 8,500.00 5 $ 1,700.00 $ 8,500.00 o $ 1,700.00 $ 0% IP8r Construction Note 2.WI 17 EA New 1. WalM SeIYice and Meter Box 2 $ 1,880.00 $ 3,760.00 2 $ 1,880.00 $ 3,780.00 o $ 1,880.00 $ 0% CPer ConstructIon Note ii-WI 18 EA ReplKe 1. Duplex WalM Service and 2 4 $ 2,000.00 $ 8,000.00 4 $ 2,000.00 $ 8,000.00 o $ 2,000.00 $ - 0% Meter Boxes cPer Construction Note 9-W) - 19 EA Replace 1. Water SeIYice 6 $ 1,450.00 $ 8,700.00 8 $ 1,450.00 $ 8,700.00 o $ 1,450.00 $ 0% CPer Conslluction Note 3-w) 20 EA Replace 4. WalM SeIYice Manifold and 1 $ 3,800.00 $ 3,800.00 1 $ 3,800.00 $ 3,800:00 o $ 3,800.00 $ - 0% 4 Meter Boxes ( Per Conslluction Note 6-W) 21 EA Replace If' Water Service Manifold and 1 $ 3,700.00 $ 3,700.00 1 $ 3,700.00 $ 3,700.00 o $ 3,700.00 $ - 0% 5 Meter Boxes. CPer Construction Note 6-WI 22 EA Replace 4. Water SeIYice Manifold and 1 $ 3,930.00 $ 3,930.00 1 $ 3,930.00 $ 3,930.00 o $ 3,930.00 $ - 0% 7 Meter Boxes CPer Construction Note 6-w) 23 EA Abandon existing walM meter 14 $ 775.00 $ 10,850.00 14 $ . 775.00 $ 10,850.00 o $ 775.00 $ 0% CPer ConstructIon Note 7.W) 24 EA Fire Hydrant Assembly 6 $ 2,880.00 $ 17,180.00 8 $ 2,880.00 $ 17,160.00 3 $ 2,880.00 $ 8,580.00 50% CPer ConstructIon Note SoWl 25 EA Remove Fire Hydrant 2 $ 1,480.00 $ 2,960.00 2 $ 1,480.00 $ 2,960.00 o $ 1,480.00 $ 0% !Par ConstructIon Note 6-w) 26 EA Replace Fire Hydrant Assembly 9 $ 3,000.00 $ 27,000.00 9 $ 3,000.00 $ 27,000.00 o $ 3,000.00 $ 0% CP8r Construction Note 4-WI 27 LS Abandon ExIsting Water System Facilities 1 $ 8,620.00 $ 8,620.00 1 $ 8,620.00 $ 8,620.00 o $ 8,820.00 $ 0% Includina ConstIUction Note 1 Q-W) 1m 26 LF 8" PVC SOR 35 Sewer Main 932 $ 65.00 $ 80 580.00 932 $ 65.00 $ 80 580.00 35 $ 65.00 $ 2.275.00 4% 29 LF 10" PVC SOR Sewer Main 1697 $ 83.00 $ 140 851.00 1697 $ 83.00 $ 140851.00 o S 83.00 $ . 0% 30 LF 12" PVC SOR 35 Sewer Main 389 $ 87.00 $ 33,843.00 389 $ 87.00 $ 33,843.00 150 $ 87.00 $ 13,050.00 39% CPer Construction Note 6-SI 31 EA Sewer Manhole 7 $ 2.500.00 $ 17 500.00 7 $ 2500.00 $ 17500.00 o $ 2500.00 $ - 0% 32 EA Sewer DIoD Manhole Sta 12+78 1 $ 2 350.00 $ 2350.00 1 $ 2,350.00 $ 2,350.00 0.9 $ 2 350.00 $ 2 115.00 90% 33 EA Mod' Exlstina Manhole at Sta 10+04 1 $ 1 950.00 $ 1 950.00 1 $ 1 950.00 $ 1 950,00 o $ 1 950.00 $ 0% 34 EA Modi Existina Manhole at Sta 26+94 1 $ 1 840.00 $ 1 840.00 1 $ 1 840.00 $ 1 840.00 o $ 1 840.00 $ 0% 35 EA Mod' Y Existina Manhole at Sta 27+24 1 $ 1 840.00 $ 1 840.00 1 $ 1 840.00 $ 1 840.00 o $ 1 840.00 $ 0% 36 EA Mod Existina Manhole at Sta 37+80 1 $ 1 825.00 $ 1 825.00 1 $ 1 825.00 $ 1 825.00 o $ 1 825.00 $ 0% 37 EA ReplKe 4. Sewer Lateral with PVC SOR 35 53 $ 925.00 $ 49,025.00 53$ 925.00 $ 49,025.00 o $ m.oo $ . 0% CPer Construction Note 4-S) 38 EA ReDIKe 8" Sewer Lateral with PVC SDR 35 1 $ 1 487.00 $ 1 487.00 1 $ 1 487.00 $ 1 487.00 o $ 1 487.00 $ - 0% 39 EA New 4. PVC SOR-35 Sewer Lateral 1 $ 1,480.00 $ 1,480.00 1 $ 1,480.00 $ 1,480.00 o $ 1,480.00 $ 0% CPer Construction Note 7-51 40 LS Abandon Existina Sewer SYStem Facilities 1 $ 4 856.00 $ 4656.00 1 $ 4656.00 $ 4656.00 o $ 4656.00 $ 0% Sulfa"" Imorrwm ants 41 C'f Class II Aaaregate Base 4800 $ 48.90 $ 234 720.00 4800 $ 48.90 $ 234 720.00 o $ 46.90 $ . 0% 42 TONS Class "B" Asphalt Concrete 8950 $ 43.80 $ 303 020.00 8950 $ 43.60 $ 303 020.00 o $ 43.80 $ 0% 43 LF Reolace Exlstina Concrete Curb and Gutter 2150 $ 24.80 $ 53 320.00 2150 $ 24.80 $ 53 320.00 o $ 24.80 $ 0% 44 LS ConcnIte Median 1 $ 77 900.00 $ 77 900.00 1 $77 900.00 $ 77 900.00 o $ 77 900.00 $ 0% 45 LS Median LanclscaDII and Irriaation 1 $ 36 261.00 $ 36 261.00 1 $36 261.00 $ 38 261.00 o $38 261.00 $ - 0% 46 SF Concrete Closs Gutter and Saandrels 1800 $ 6.00 $ 10 800.00 1800 $ 6.00 $ 10800.00 o $ 6.00 $ 0% Bid Estimate Amended Estimate Pav to Date Bid Unit Unit Unit Percent Item Unit DescriDlion Qty Price Amount Qty Price Amount Qty Price Amount ComDlete 47 EA Concrete HandicaD Ramo-( urb Retum 3 $ 1 900.00 $ 5700.00 3 $ 1 900.00 $ 5 700.00 o $ 1 900.00 $ - 0% 48 LS ReoIace Frames and Covers 1 $ 7650.00 $ 7650.00 1 $ 7650.00 $ 7650.00 o $ 7650.00 $ 0% 49 LS Pavement Delineation 1 $ 16400.00 $ 16400.00 1 $16400.00 $ 18400.00 o $18400.00 $ - 0% 50 LF Curb Paintino l2-Coats 328 $ 1.00 $ 328.00 328 $ 1.00 $ 328.00 o $ 1.00 $ - 0% 51 LF Reoaint Curb Paintina 11-Coat} 1131 $ 1.00 $ 1131.00 1131 $ 1.00 $ 1131.00 o $ 1.00 $ 0% Und T 52 LF Utilitv Trench 720 $ 12.20 $ 8784.00 720 $ 12.20 $ 8784.00 o $ 12.20 $ 0% 53 LF 4-in Utilitv Conduit 1280 $ 1.70 $ 2178.00 1280 $ 1.70 $ 2 178.00 o $ 1.70 $ - 0% 54 LF 2-in Utililv Conduit 320 $ 0.70 $ 224.00 320 $ 0.70 $ 224.00 o $ 0.70 $ - 0% i I SvsI ....1 55 LF 18" PVC SIDnn Dnlin Pioe. Series 48 285 $ 73.00 $ 19345.00 285 $ 70.45 $ 18 889.25 35 $ 70.45 $ 2 485.75 13'1(, 58 LF 24" PVC SIDnn Dnlin Pioe. Series 28 415 $ 142.00 $ 58 930.00 415 $ 134.18 $ 55 878.40 145 $ 134.18 $ 19453.20 35'1(, 57 LF 24" HOPE SIDnn Drain Pioe 175 $ 84.00 $ 14 700.00 175 $ 84.00 $ 14700.00 o $ 84.00 $ 0% 58 EA SIDnn Drain Manhole 5 $ 2580.00 $ 12 900.00 5 $ 2580.00 $ 12900.00 2.7 $ 2 580.00 $ 8 988.00 54'1(, 59 EA SIDnn Dnlln DRIp Inlet, 3 $ 4,575.00 $ 13,725.00 3 $ 4,575.00 $ 13,725.00 0.5 $ 4,575.00 $ 2,287.50 17'1(, Per Detail AH8 W= 7ft 80 EA SIDnn Drain Dfop Inlet, 1 $ 5,300.00 $ 5,300.00 1 $ 5,300.00 $ 5,300.00 o $ 5,300.00 $ - 0% Per Detail 8118 W= 14ft 81 EA SIDnn Drain Dfop Inlet, 1 $ 4,950.00 $ 4,950.00 1 $ 4,950.00 $ 4,950.00 o $ 4,950.00 $ . 0% Per rNlG 301-AG 82 EA Rep/8ce eJdsting Catch Basin with Drop Inlet 2 $ 8,847.00 $ 13,294.00 2 $ 8,847.00 $ 13,294.00 o $ 8,847.00 $ . 0% Per Detail AH8 W=7 83 EA Modify DmD Inlet at 9+80 1 $ 2 550.00 $ 2550.00 1 $ 2 550.00 $ 2550.00 o $ 2550.00 $ . 0% T 84 LS Installation of Optical Detection Devices 1 $ 11,750.00 $ 11,750.00 1 $11,750.00 $ 11,750.00 o $11,750.00 $ 0% on Halcvon Road and 8m Street at Grand Ave. 85 LS Replace Trallie Signal Loops 1 $ 18,500.00 $ 18,500.00 1 $ 18,500.00 $ 18,500.00 o $ 18,500.00 $ - 0% Total K $1,707 535.00 151 703 805.85 1$ 108401.40 8.36'1(, - ContraclDr ~ Date ~~ ~pp Pay 10 Date $ 108,401.40 Retention S 10,840.14 Date Previous Payment S . This Payment Is 97,561.26 I Public Works Director Date Contract Start Date: 7/19/99 - Original Contract Days: 180 Adjusted Contract Days: 0 City Manager Date Adjusted Contract End Date: 1/14/00 Send PtIIIrM1It to: Whitaker ContracIDrs Inc. PO Box 910 229&5 E1 Camino Real Santa Margarita, CA 93453 -_.~_.._-- 1M MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: SPRING 1998/99 SLURRY SEAL PROJECT, CITY PROJECT NO. 90-99-3, PROGRESS PAYMENT NO.1 DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended that the City Council authorize Progress Payment No. 1 in the amount of $49.093.56 to California Pavement Maintenance Co. for the Spring 1998/99 Slurry Seal Project. FUNDING: On June 10. 1999. the City Council awarded the Spring 1998/99 Slurry Seal Project ("Project") to California Pavement Maintenance Co. in the amount of $60,050 and authorized a contingency of $6,000 to be used for unanticipated costs during the construction phase of the Project. The total construction budget was $66,050. DISCUSSION: An application for Progress Payment No. 1 was received from California Pavement Maintenance Co. for work completed by August 6, 1999. for the Project. As of August 13, 1999. the Contractor had completed all slurry seal activities and was scheduled to complete all striping activities during the week of August 16"'. Deducting the 10% retention for work completed as of this date ($5,454.84). gives a current progress payment of $49.093.56. Attachment: Application for Progress Payment No. 1 . C:\My DcK:umonta\Projects\Spring 99 Slurry Sea1.S6l2\CC pp#l CPM.doc _......,._~._--_.- <&ityof ~C{j~ Public Works Department Application for Progress Payment Contract Name: Spring 1998/99 Slurry Seal Project Contract No: 90-99-3 Progress Payment No: 1 City Account No: 350-5612-7001 $49,093.56 Payment Date: 8/13/1999 Bid Estimate Amended Estimate Pay to Date Bid Unit Unit Unit % Item Unit Description Qty Price Amount Qty Price Amount Qty Price Amount Camp 1 SY Install Type II Slurry Seal 89,750 $ 0.60 $ 53,850.00 86,714 $ 0.60 $ 52,028.40 86,714 $ 0.60 $ 52,028.40 100% - 2 LS Traffic Control 1 $ 2,800.00 $ 2,800.00 1 $ 2,800.00 $ 2,800.00 1 $ 2,800.00 $ 2,520.00 90% 3 LS Replace markers, marking 1 $ 3,400.00 $ 3,400.00 1 $ 3,400.00 $ 3,400.00 o $ 3,400.00 $ - 0% legends and striping Total $60,050.00 $ 58,228.40 $ 54,548.40 94% 0)CL- g -1"1-Ct~ Pay to Date $54,548.40 Retention $5,454.84 Project Manager Date Previous Payments $0.00 ~ - This Payment 1J-18-~i Date Contract Start Date: 07/14/1999 Original Contract Days: 45 Adjusted Contract Days: 0 City Manager Date Adjusted Contract End Date: 0812811999 Send P~yment to: California Pavement Maintenance Co, Inc 9390 Elder Creek Road Sacramento, CA 95829 ..,. .......--.. In MEMORANDUM TO: CITY COUNCIL FROM: TIMOTHY J. CARMEL, CITY ATTORNE~v' SUBJECT: SANTA MARIA GROUNDWATER BASIN WATER RIGHTS LITIGATION - AGREEMENT FOR SPECIAL LEGAL SERVICES JOINT DEFENSE AGREEMENT DATE: AUGUST 24, 1999 RECOMMENDATION: It is recommended that the Council authorize the Mayor to sign the attached Agreement for Special Legal Services with the law firm of Nossaman, Guthner, Knox & Elliott, LLP, as well as the attached Joint Defense Agreement with the cities of Grover Beach, Pismo Beach, and the Oceano Community Services District. FUNDING: Costs associated with the subject water rights litigation will be paid for out of the General and Water Funds. Sharing litigation costs with the cities of Grover Beach, Pismo Beach and the Oceano Community Services District will reduce the City's costs in this matter by approximately 70%. DISCUSSION: As the Council is aware, the City has been sued as a cross-defendant in litigation ("water rights litigation") initiated by the Santa Maria Valley Water Conservation District concerning groundwater rights in what is sometimes referred to as the Santa Maria groundwater basin. Currently, the City has been named in ten (10) separate actions pending either in Santa Clara County, Santa Barbara County, or San Luis Obispo County Superior Courts. The cities of Grover Beach and Pismo Beach and the Oceano Community Services District have also been named as cross-defendants in the water rights litigation. AGREEMENT FOR SPECIAL LEGAL SERVICES BETWEEN THE CITY OF ARROYO GRANDE. THE CITY OF GROVER BEACH. THE CITY OF PISMO BEACH. AND THE OCEANO COMMUNITY SERVICES DISTRICT AND NOSSAMAN. GUTHNER. KNOX & ELLIOTT. LLP . The City of Arroyo Grande, the City of Grover Beach, the City of Pismo Beach, and the Oceano Community Services District (hereinafter referred to as "Clients") and Nossaman, Guthner, Knox & Elliott, LLP ("Nossaman"), hereby agree as follows: 1. Term of Agreement This Agreement will become effective as of August 1, 1999, and will continue until terminated in accordance with Paragraph 9. 2. Scope of Services - Nossaman will provide the Clients with such legal services as the Clients request in connection with Santa Maria Valley Water Conservation District v. Citv of Santa Maria. et 801.. Superior Court County of Santa Clara Case No. CV 770 214 and related matters ("Water Rights Litigation"). Such services shall be provided in accordance with the joint defense agreement among the Clients which is attached hereto as Exhibit "A" ("Joint Defense. Agreement"). . Nossaman shall receive and follow instructions relating to the Water Rights Litigation solely from the Designated Representative of the Clients appointed pursuant to the Joint Defense Agreement. - Nossaman shall also review the Gentlemen's Agreement as it exists between the Clients and make recommendations as to the best method to formalize and "firm-up" the agreement. On matters covered by this Agreement, Nossaman agrees to provide such legal services as it determines are reasonably required to represent Clients, to take reasonable steps to keep Clients informed of facts and developments concerning the subject matter of this engagement as they come to its attention and to respond to Clients' reasonable inquiries. Clients agree to cooperate with Nossaman in its provision of such services, to keep it informed 9f relevant developments and to abide by the terms of this Agreement. Nossaman shall provide clients with a written litigation plan and cost estimate for anticipated expenses in the litigation. Clients may request a period update of any such litigation AGREEMENT FOR SPECIAL LEGAL SERVICES - ._~..__..__._-- CITY COUNCIL SANTA MARIA GROUNDWATER BASIN WATER RIGHTS LITIGATION - AGREEMENT FOR SPECIAL LEGAL SERVICES JOINT DEFENSE AGREEMENT AUGUST 24, 1999 PAGE 2 Since approximately 1983, the Cities of Arroyo Grande, Grover Beach, Pismo Beach, and the Oceano Community Services District have allocated groundwater resources based on the so-called "Gentlemen's Agreement." The four public entity parties to the Gentlemen's Agreement have determined that their interests in the water rights litigation are sufficiently united that it is in their best interests, for both strategic and economic reasons, to jointly defend and/or prosecute the litigation. The affected entities have negotiated with the law firm of Nossaman, Guthner, Knox & Elliott, LLP, to provide joint litigation services. It is recommended that the Council authorize the Mayor to execute the attached Agreement for Special Legal Services Between the City of Arroyo Grande, the City of Grover Beach, the City of Pismo Beach, and the Oceano Community Services District and Nossaman, Guthner, Knox & Elliott, LLP, as well as the attached Agreement Among the Cities of Arroyo Grande, Grover Beach, Pismo Beach, and the Oceano Community Services District for Joint Defense of Santa Maria Water Rights Litigation and Joint Retention of Nossaman, Guthner, Knox & Elliott, LLP. Alternatives The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. Attachments: 1. Agreement for Special Legal Services Between the City of Arroyo Grande, the City of Grover Beach, the City of Pismo Beach, and the Oceano Community Services District and Nossaman, Guthner, Knox & Elliott, LLP 2. Agreement Among the Cities of Arroyo Grande, Grover Beach, Pismo Beach, and the Oceano Community Services District for Joint Defense of Santa Maria Water Rights Litigation and Joint Retention of Nossaman, Guthner, Knox & Elliott, LLP ---~------- plan and cost estimate. Nossaman shall use its best efforts to stay within any such litigation plan and cost estimate. 3. Waiver of Potential Conflict ofInterest Although it may appear both to the Clients and Nossaman thatthe interests of Clients are now identical, there may in fact be differences at the onset of the engagement; or such differences may develop later. When such differences happen, it may be difficult or even impossible for the lawyer to serve the different Clients' varied interests, depending on the degree of disagreement among the Clients. A lawyer certainly cannot prefer one set of Clients over others. It is for this reason that lawyers may not accept engagements in which there is an actual or potential conflict of interest, unless the Clients are first advised of the conflict of interest and of the potential consequences of waiving the conflict of interest, and then waive the conflict in writing after such consultation with independent counsel as they may desire. In this case, each of the Clients has its own separate counsel who has advised the Client regarding any potential conflicts of interest, and each Client has decided that it is in its best interest to jointly defend the Water Rights Litigation and jointly retain Nossaman to do so. But California Rule of Professional Conduct 3-310 requires the Clients' "informed written consent" before we can represent more than one Client in a matter in which the interests of the Clients potentially conflict. Here, the potential conflict is that the Clients may disagree regarding some future aspect of litigation strategy, particularly settlement issues. Clients have agreed to attempt to resolve such issues per the Joint Defense Agreement, but there still may be unresolved disput~s and even conflicting instructions to Nossaman. There may also be other actual or potential conflicts of interest that are known to one or more Clients or their counsel. If a Client has not already consulted with its own separate counsel regarding conflicts of interest, it should do so before signing the conflict of interest waivers contained in this agreement and the Joint Defense Agreement. As set forth in the Joint Defense Agreement, each of the Clients may terminate Nossaman's legal representation of said Client or have Nossaman' s legal representation of that Client terminated by the action 9fthe other Clients pursuant to the Joint Defense Agreement. Notwithstanding any disputes or conflicts of interest that may arise in the future between the Clients and notwithstanding any possible withdrawal or expulsion of a Client from the Joint Defense Agreement, Nossaman may continue to represent the remaining Clients. Each of the Clients expressly waives and agrees not to assert any actual or potential conflict of interest or any other ground for disqualification; nor will any of the Clients bring any motion to bar or disqualify Nossaman from continuing to represent any of the other Clients hereto under such circumstances. Each of the Clients has consulted its own counsel and has carefully considered and knowingly waives any such possible conflicts of interest, actual or potential, in Nossaman's continued representation of the other Clients, whether or not a Client withdraws or is expelled from said Joint Defense Agreement. As a result of the joint retention of Nos sam an, each Client. recognizes that anything disclosed by it to Nossaman may be disclosed by Nossaman to the other Clients. Each Client shall maintain the confidentiality of its communications relating to the LA\991760003 2 AGREEMENT FOR SPECIAL LEGAL SERVICES "-.--. Water Rights Litigation and not disclose such confidential information to parties not a signatory to this Agreement. 4. Partner-in-Charge Frederic A. Fudacz will be the partner-in-charge from Nossaman with overall responsibility for servicing the legal needs of the Clients. The partner-in-charge will be changed only upon prior consent of the Clients. 5. Fees and Costs a. Fees for Services Nossaman will charge Clients on an hourly rate basis according to Exhibit "B" attached hereto. Nossaman may add new attorneys or paralegals to Exhibit "B" upon consent of Clients to the addition of such persons and to their hourly rates. The rates of attorneys denominated as partners on Exhibit "B" shall be increased on a percentage basis each anniversary of this Agreement based upon the percentage increase of the consumer price index for the Los Angeles Metropolitan Area for that year. Charges for associate attorneys and paralegals may be increased as a result of a change in the rate structure of Nos sam an or because of the increased experience of the particular associate or paralegal involved. Any new rates shall represent a ten percent (10%) discountfrom Nossaman's regular hourly rates fornon- governmental clients. New rates for associates and paralegals shall apply only after the Clients have been advised and approved of said new rates. - Nossaman's hourly rates apply to all time spent on the Clients' behalf, including but not limited to, court appearances, motion practice, preparing, analyzing, review and revising correspondence and documents; factual and legal research; consultation and advice; conducting negotiations; engaging in depositions and other discovery; conferences; preparing for and conducting trial and appeals; out-of-town travel; conferring with other attorneys at Nossaman or with witnesses or attorneys also involved in the matter; or such other services of a professional nature as this engagement may require. b. Expenses Nossaman may incur various costs and expenses or will provide certain in-house services while perfonning legal services. Clients agree to pay for these items in addition to Nossaman fees for legal services. The costs and expenses and in-house services may include, but will not necessarily be limited to, filing fees fixed by law or assessed by courts or other agencies; court reporters' fees; witness fees; experts' fees; consultants' fees; process server fees; investigation expenses; out of town travel expenses; long distance telephone charges; messenger and private courier delivery charges; photocopying and other reproduction services; computerized research charges; and similar items. No outside costs or expenses will be incurred in excess of $500 without prior consent from Clients. LA \991760003 3 AGREEMENT FOR SPECIAL LEGAL SERVICES Nossaman's in-house services such as duplicating and fax expenses will be charged in accordance with its general policies which are designed to reimburse Nossaman for its cost of providing those services. External costs and expenses shall be charged at its cost, except for computer research for which the firm maintains fixed subscription charges with the service providers. Instead of prorating the cost of the fixed subscription charges among all of the clients using computerized research during a given month, Nossaman shall bill the Clients at the provider's regular rates which may be more or less than a prorated share of our monthly subscription fee depending upon the usage in any given month. Nossaman shall not charge Clients for word processing, overtime expenses associated with administrative or secretarial personnel, regular postage, local phone calls and similar items unless these items are unusually large in amount and Nossaman obtains Clients' agreement in advance. Nossaman shall not add a "handling" charge for costs and expenses incurred on Clients' behalf. 6. Billings and Payments Nossaman shall submit its billing statements monthly in arrears. Each billing statement shall include the name of each attorney or paralegal providing services, time billed by each attorney or paralegal on a daily, itemized [i.e, no block billing] baSis, a description of the services provided, the hourly rate for each attorney or paralega\ in accordance with Exhibit "B", as the same may be amended from time to time, total monthly fees billed, a description of all ordinary and extraordinary expenses and a total of monthly expenses billed. Clients shall pay Nossaman monthly, within 30 days of mailing by Nossaman of the monthly billing statement. Nossaman shall bill actual time spent, with a minimum charge of 0.1 hours. 7. Files Nossaman's files for work prepared pursuant to this engagement agreement are Clients' property. Nossaman shall release its files for work performed pursuant to this Agreement to Clients or to anyone else Clients designate upon a written request delivered in accordance with this Agreement and the Joint Defense Agreement. Clients agree that Nossaman may, in its sole discretion, copy all or any portion of the file and that Nossaman may have a reasonable period of time before releasing the documents in order to copy all or any portion of such files. Nossaman will, from time to time, send portions of Clients' files that are not currently . needed to an off-site storage facility. The cost of this facility will be Nossaman's sole expense. Nossaman shall not be the guarantor of the security of any off-site storage facility. Clients agree that Nossaman shall not be responsible for any damages which may occur as a result of the loss of any of Clients files Nossaman stores at an off-site storage facility. Clients also agree that Nossaman may, after the passage of two years without it having performed any work for Clients pursuant to this Agreement, destroy Clients' files unless Clients provide Nossaman with written instruction to forward the files to Clients or to ano!her person Clients designate. LA \991760003 4 AGREEMENT FOR SPECIAL LEGAL SERVICES 8. Notices Any notices pennitted to be required or required under this Agreement shall be delivered or mailed to Clients' Designated Representative appointed in accordance ~th the Joint Defense Agreement attached hereto as Exhibit "A". Any notices to Nossaman shall be addressed as follows: Nossaman, Guthner; Knox & Elliott, LLP Attn: Frederic A. Fudacz 445 South Figueroa Street 31 st Floor Los Angeles, California 90071 FAX Number (213) 612-7801 Notices may be sent by hand-delivery, fax, first class mail, or overnight delivery. Notices shall be'deemed received upon the business day delivered or faxed if hand-delivered or sent by fax, on the next business day if sent by overnight delivery, or on the third business day after mailing, if mailed.. Any party may change its address by giving notice to the other party in accordance with this paragraph. 9. Tennination This Agreement may be tenninated by Clients.at any time in accordance with the Joint Defense Agreement. The Clients shalltenninate services by delivering to Nossaman a written tennination notice. Nossaman may tenninate this Agreement upon Clients' consent or for good cause. Good cause includes but is not limited to the following: Failure to pay bills on time; refusal to cooperate in provision oflegal services; a failure to follow Nossaman's advice on a material matter; the development of an irreconcilable disagreement between Nossaman and the Clients as to the conduct of the engagement; other breaches of this Agreement; or any other fact or circumstance that would render Nossaman's continued representation contrary to the Joint Defense Agreement, or to law, or to the Rules of Professional Conduct. 10. Integration Unless amended in a signed writing, this Agreement and the Joint Defense Agreement shall constitute the final, complete and exclusive statement of the understanding between Clients and Nossaman, which supersede all previous written or oral agreements, and all prior communications between the parties. Nothing in this Agreement and nothing in our statements to you should be construed as a guarantee or promise about the outcome of the Clients' matter or any fact thereof. Nossaman makes no such guarantees or promises. Comments about the course or outcome of the matter or any phase thereof which Nossaman attorneys or other representatives may make from time to time are expressions opinion only. Clients acknowledge that the amount of legal fees and costs which may be incurred on their behalf, pursuant to this Agreement, is not capable of precise prediction. LA\991760003 5 AGREEMENT FOR SPECIAL LEGAL SERVICES 11. Applicable Law This Agreement shall be construed .and interpreted under the laws of th~ State of California. Dated: THE CITY OF ARROYO GRANDE By: Its: Dated: THE CITY OF GROVER BEACH . By: Its: Dated: THE CITY OF PISMO BEACH By: Its: LA \991760003 6 AGREEMENT FOR SPECIAL LEGAL SERVICES Dated: OCEANO COMMUNITY SERVICES DISTRICT By: Its: Dated: NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP By: ~ _a-.~ -- Frederic A. Fudacz Partner ,~ LA\991760003 7 AGREEMENT FOR SPECIAL LEGAL SERVICES AGREEMENT AMONG THE CITIES OF ARROYO GRANDE, GROVER BEACH, PISMO BEACH, AND THE OCEANO COMMUNITY SERVICES DISTRICT FOR JOINT DEFENSE OF SANTAMARIA WATER RIGHTS LITIGATION AND JOINT RETENTION OF NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP A. Whereas the Cities of Arroyo Grande, Grover Beach, and Pismo Beach, and the Oceano Community Service District (hereinafter referred to as "Parties") have been sued as cross-defendants in water rights litigation commenced by the Santa MariaVaIley Water Conservation District and pending in the Santa Clara County Superior Court under Case No. CV 770214 (hereinafter the "Water Rights Litigation"); B. Whereas the Parties have entered into an agreement for the allocation of groundwater resources known as the "Gentlemen's Agreement"; C. Whereas the Parties have determined that their interests in this litigation are sufficiently united based on the "Gentlemen's Agreement" that it is in their best interest that they should jointly defend any claims and prosecute any cross-claims relating to this litigation on the terms set forth below; and D. Whereas the Parties have elected to jointly retain the firm of Nossaman, Guthner, Knox & Elliott, LLP (hereinafter "Nossaman") to represent them in the Water Rights Litigation in accordance with the terms of a written agreement dated as of August 1, 1999. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Parties will defend and prosecute all claims and cross-claims in the Water Rights Litigation in a joint, unified, and cooperative manner. This joint defense and - unified position is based upon the terms of the "Gentlemen's Agreement" entered into between the Parties. Each of the Parties affirms the "Gentlemen's Agreement" and its terms and conditions as are reflected in Attachment "1" hereto. The Parties agree to abide by the "Gentlemen's Agreement" for the purposes of determining the Parties' position in this litigation. No Party to this Agreement shall claim water in this litigation in excess of its allocation under the "Gentlemen's Agreement." The Parties shall abide by the "Gentlemen's Agreement" unless or until it is superseded by groundwater management plan pursuant to Water Code section 1 0750, et seq., or final court order. 2. The Parties are jointly retaining Nossaman to advise and represent them with respect to the Water Rights Litigation. However, the Parties are not retaining Nossaman, collectively or individually, to advise or represent any ofthem with respect to any actual or potential conflicts of interest between or among them. Each of the Parties agrees to cooperate with the other Parties and with Nossaman and to take all actions reasonably requested by the other Parties or Nossaman in connection with this Joint Defense Agreement. 3. The Parties shall, by election, designate one representative ("Designated Representative") as the Parties' primary contact with Nossaman for communications between the - 1 - LA\99 I 760045 EXHIBIT "A" JOINT DEFENSE AGREEMENT Parties and Nossaman and instructions to Nossaman. The parties shall appoint the "Designated Representative" under this Agreement every six months. The position shall alternate between the city attorneys for the cities of Arroyo Grande, Grover Beach and Pismo Beach. Additionally, the position shall rotate to an attorney designated by the Oceano Community Services Di~trict provided such attorney does not represent other parties in the litigation. The first designated representative shall be Tim Cannel, Esq., City Attorney ofthe City of Arroyo Grande. All of the Parties shall have the right to make inquiries of and consult with Nossaman at any time to obtain any information, documents, and legal advice relating to the Water Rights Litigation. Nossaman will notify each of the Parties of major developments in the litigation (e.g., dispositive motions, settlement offers, important rulings, etc.); and Nossaman will provide each ofthe Parties with copies of key pleadings, motions, and rulings. Nossaman need only discuss less important developments with the Designated Representative in order to minimize legal expense. The Designated Representative shall be the sole representative of the Parties with authority to give instructions to Nossaman on any matter arising out of or relating to the Water Rights Litigation. The Designated Representative shall give instructions consistent with Paragraph No.4 below and may be replaced by a majority vote of 3 Clients per Paragraph No.4 below. 4. Any issues to be decided among the Parties shall be determined by a majority vote of the Parties, in which case each of the Parties shall have one vote, except that in the event of a tie the voting Parties with the highest percentages pursuant to Paragraph No. 7 hereof shall prevail. Notwithstanding any disputes among the Parties, Nossaman will continue to take its instructions from the Designated Representative. 5. If any Party is dissatisfied with any decision of the Parties or for any other reason, it may withdraw from this Agreement and terminate that Parties' legal representation by Nossaman by giving written notice to each of the other Parties and to Nossaman. A Party may- be expelled from this joint defense and retention agreement only by a written notice signed by all of the remaining Parties. A withdrawing or expelled Party shall only be responsible for its share of Nos sam an legal fees until it has substituted replacement counsel for Nossaman in the Water Rights Litigation. If a Party withdraws or is expelled, it must substitute in replacement counsel for Nossaman as soon as possible. 6. Notwithstanding any disputes or conflicts of interest that may arise in the future between the Parties and notwithstanding any possible withdrawal or expulsion of any Party from this agreement or termination of the agreement, Nossaman shall.continue to represent the remaining Parties; and each of the Parties promises and agrees nottQ assert any actual or potential conflict of interest or any other ground for disqualification nor will any of the Parties make any motion to bar or disqualify Nossaman from continuing to represent any of the other Parties hereto. Each of the Parties has consulted its own counsel, has carefully considered and knowingly waives any possible conflicts ofinterest, actual or potential, in Nossaman's continued representation of the other Parties whether or not a Party withdraws or is expelled from this joint defense and retention agreement. If, in breach of this agreement, a Party successfully disqualifies Nossaman from.continuing to represent any of the other Parties hereto, the disqualifying Party - 2. lA\99 I 760045 EXHIBIT "A" -JOINT DEFENSE AGREEMENT ---.-. .---------- shall be liable to the remaining Parties for any additional legal expenses and any other legally compensible damages resulting from the disqualification. 7. The Parties will promptly pay their shares of the legal bills of Nos sam an, expert witness fees, and all other litigation expenses in accordance with the following percentages: 1. City of Arroyo Grande - 30.05 %. 2. City of Grover Beach - 29.95 %. 3. City of Pismo Beach - 17.50 %. 4. Oceano Community Services District - 22.50 %. . In the event that any Party withdraws or is expelled from this agreement or fails to pay its share of the expenses, the remaining Parties will continue to pay the entirety of Nos sam an's legal bills, including the share of the withdrawing or expelled Party, in a manner proportional to the percentages set forth above. 8. The Parties will attempt to maintain and protect all applicable privileges arising out of or relating to their joint defense/prosecution of claims and their joint retention of Nossaman. Accordingly, each of the Parties will maintain the confidentiality of its communications relating to the Water Rights Litigation. Because of the joint retention of Nossaman, in the event of any dispute between or among the Parties or Nossaman, the attomey- client privilege may not protect communications between or among the Parties and Nossaman. Furthennore, as a result of the joint retention of Nos sam an, the parties recognize that anything disclosed by a Party to Nossaman may be disclosed by Nossaman to the other jointly represented Parties. The Parties hereto also agree to abide by the Arroyo Grande Groundwater Basin "Gentlemen's Agreement", the tenns and conditions of which are reflected in Attachment "I" hereto. 9. If a Party withdraws or is expelled from this Agreement, it shall be entitled to copy at its expense any part of the files of Nos sam an pertaining to the Water Rights Litigation. Nossaman will retain the originals of its files for a period of at least two years after tennination of the Parties' involvement in the Water Rights Litigation. 10. This is the complete, final, and only agreement among the parties regarding this subject matter, excepting only the written agreement between the Parties and Nossaman dated as of August 1, 1999. It supersedes and replaces any prior written or oral agreements and promises between or among the parties on the subject matter hereof. It may be modified only by a written agreement signed by each of the remaining Parties; and to the extent that any modification or amendment of this Agreement affects the rights or duties of Nos sam an, Nossaman must also consent in writing thereto. - 3 - LA \991760045 EXHIBIT" A" JOINT DEFENSE AGREEMENT Dated: August _, 1999 THE CITY OF ARROYO GRANDE By: Its: Dated: August _, 1999 THE CITY OF GROVER BEACH By: Its: Dated: August _, 1999 THE CITY OF PISMO BEACH By: - Its: Dated: August _, 1999 OCEANO COMMUNITY SERVICES DISTRICT By: Its: -4- LA \99 J 760045 EXHIBIT "A" . JOINT DEFENSE AGREEMENT --.-.. " --~ IlEStc.IITIOft 110. 83-1 USQlUTto.. Of T"€ so.rnt SAIl LUIS OIIS5'O COUtCn \j"iEI( /.SSOCIATlOft AnAQYtftG ntE AECClttWCOATlOflS OF TH€ AD HOC C~)tJTTtE. RaATrNC TO nfE AAMTO ~E c.ROUIcOwAT(~ e).s:M WNOEAS, the SO'ItII s..an Luis Obtspo CountJ \U:t:. Asso:::&tton rcclnclr ~....dQpc.ed ~'o1ution Mo. 80-1 wft1cll ca"" for steDs to be liken rthUII9 to ~ IlAl\Ageecnt nf 9rCIYnd.,.ur ~sourc:es 1~ tM S:l~CI: ~'~:r. &Ad \,tC(J.fAS. thi~ Resolut1o/\ ~l1edfor . d.t.erllin..tio" to be Mde \.. the a,.ea conf1nt'd to Zon4! 11\nc "udon & nfe yie14 cl.'''c:eot 1M nu.bHshtl\9 bue 1tIWS (or urb.... Ind &9ric,,1u.ral eatfa~ioos 01 irGOII'C'...u,.er. ~ncI ...EREASt _" Ad Hoc ec.n.lt~ ..d. up of '....I Uorp of I.t""TJJQ ""IMle, TC)II Sulliyan of Grover City, ~\t. ~SOft of ,t~ 'e~c~. .(~~ Kitl of Ocel"O ~Itl Servtces Ohtrlct. J1. &ar;.., .f Ay;1. leAf." \:ount, Wate.. IUnrtct, It11 tift! of Port SAlt lIah Na~ Oistrict, Lera) ftCOIe$ftI' of U\t '.1". au,"". and CUnt ttilt1e of tile Couftt)' of Sen ~uis OtIispo "',. de$t,nate4 to ~t IS ~ tech~t~\ &4,isor, ,roup to ,~,,~, this 1ssae. &ad WlttttloS. after nual!rouS .eltiftts tMs techftic&: Idvhor)' group haS re<oa.eAde4 ~t _ div1sfon of \be s." ~i.14 of the &asl^ ~e Icco-p1ished beS" Oft the rOl1ovin! fIgures: Applt~ ;rrig~t10ft 5.300 _(rlt feet . ~bs~rf&ce flow to ocean Z~O 'CN feu Ur'Un UU C1 t1 of Arn}'O Gnllde 1.ZiJ: .cre (Ht Cft1 of tArovtr Clt1 1.1" aen feet Ct t1 of pt s..o leaell iOe ~c!'e feet Oc~no eo-u.1 t'1 Serf;c:.ts ,,-0 ac.re fed Otstnct Wl(tRw. eM $utICoawittee ~ tftn' vt tJ\ the s""pon ef eaCII a~c7 tJle Subc~ttH be directed to ,rep.n tII. appraprtue ~ts for . '~ur*l\AgCJteRt "." kSM Upoft UlepreI1.1rt.A"7,I.""f., Cftt1t1e.eAtslboye; .ad WItO(AS. the Subc~;t~ rK~ndS tNt tM rtQuil'e4 steps t..ulS tII<< cleve10plltllt of . S"9p1e111!nub ~ter SGU~ be tnittatd so t."U S.pplelleAt.a1 _Iter is &vat1.blt by 1995-ZOOO; and - . WOUS. tt is P'eCOftIIencSed tJte ,t... dne1ooe4 iac:ude I rtquiraut fo.. pertodic ruvl1linioa of projec:u4 ~. sUPSt1.r &ftCI ~a'1t~ of wter resources Viut" tM South COQIIt)'~ ICOWt ~. IE IT RtsauO CUt tat Soutll San LU1S OItfspo Count, VUer ASsociaciOft does ft~1 appmt sa1. recoaratl4a: :Q4tS antS ..-t4 ~st thd tacit of tM YUi~ rep,.salttat.t.es to tile South s... Lilts m.tspo COunty "'aur AssOciatlM adopt a resot\,t1Oft wPllOrl'''' sace ...4 .....1t ClMt reso\uUolt to tM new11 e1eC'td Qat..... of t" Uuer AssQ~1ItiOft. ...t\ &a!119her. for ~1.tion. . PA$SED. APfIRO'fED AltO ADOPTED tilts 9U1 day of ; c"",~r)', 1983. ~~.~.~~~ ATT(ST: ~ ATTACHMENT No. 1 to EXHIBIT "A" ---- till MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER* SUBJECT: STATUS OF ON-GOING PROJECT STUDY REPORTS (PSRs) DATE: AUGUST 24, 1998 RECOMMENDATION: It is recommended that the City Council receive and file this status report. FUNDING: No fiscal impact. DISCUSSION: There are currently four project study reports (PSRs) being prepared for proposed roadway improvements in the South County area. Brisco Road-Halcyon Road/Route 101 Interchange This PSR evaluates four (4) interchange improvement alternatives at the intersection of Brisco Road and Route 101. The project development team consists of the Consultant (Dokken Engineering), staff from the City of Arroyo Grande, County of San Luis Obispo, SLOCOG, Caltrans, and several interested citizens. A draft PSR is tentatively scheduled for presentation to the City Council in November, 1999. After Council review, the draft PSR will be submitted to Caltrans for approval, which is anticipated at the end of this year. EI Campo/Route 101 Interchange This PSR evaluates three (3) interchange alternatives at different locations along Route 101 in the vicinity of the EI Campo Road intersection. The project development team consists of the Consultant (Dokken Engineering), staff from the City of Arroyo Grande, County of San Luis Obispo, SLOCOG, Caltrans, and several interested citizens. A draft PSR is tentatively scheduled for presentation to the City Council in November, 1999. After Council review, the draft PSR will be submitted to Caltrans for approval, which is also anticipated by the end of the year. Route 101 Operational Improvements Caltrans is the lead agency for this PSR which will evaluate operational-type improvements (Le., auxiliary lanes, shoulder widening) along the Route 101 corridor between Arroyo Grande and San Luis Obispo. The project development team consists of staff from __..m__..__~ - \ \ \ SLOCOG and Caltrans and the affected local agencies. Caltrans approval is anticipated in November 1999. Route 1/Halcyon Road Widening 1 The County of San Luis Obispo Engineering Department is the lead agency for this PSR which will evaluate the most feasible route, Route 1 or Halcyon Road, to upgrade in order to meet current roadway standards. The project development t~am consists of the Consultant (Dokken Engineering), staff from the County of San Luis Obispo, City of Arroyo Grande, SLOCOG, and Caltrans. A public meeting to solicit public comment is tentatively scheduled for after the first of the year. Caltrans approval is anticipated by Summer 2000. With all four PSRs at the same relative state of development, this is an excellent opportunity to ensure conformity among all four Reports and thus better achieve a true regional solution to traffic concerns. This is also an excellent opportunity for additional citizen and Council input on the four documents. Comments received tonight will be forwarded to the respective parties. jep:232.9900( 19)\PSRs.Status.wpd j ~J o~ ~,.. i!".> .... g';!.." ~~ <; ~.~r'\\l ,...",y:. sm. '" J '" of~!II !.co.:lE r\l ,_, @ E ~ ~ ~ t. N'.('. #: Iff&;;{~tJtii1;(:(k;i;:);)};st\;'4k;;0";; ,1,;', '. Q) ... ~l ~~.: N .5 ~ y'6 ~e'" ~~ o<-~ ~ ,. ~~ r I ~ '.. -0 ~ .........- .- ~ ~~! r~ ~r( .~ .v" '::: ....v (b 0 ! cO . rf'. 1:10 ;0:: '" 0) ,~('. u~ ;. ,,';' ~ , .... ..... i.. ' ... . ,. v '? ' t~'{'" "" '! ~; d) ~ t:~ J!! . .~ ~ ~o. y,!j't;5~o ., ! ~ 0 ~~ .;, E ~-.. #'~~)'~'! ~ 08:1 ... ., 0 .., *i'{'?r>"P~l;"~. ^ 1 ~ :: ==== . . , ;. /"l$~A*,' - -OYl'''.'' "--""'.,,.. ,..,....._,..~ ,............"...-.. +...t)'li ....., . ".".--...fJli1.0cr. -"-<~.'-'..".''''''..''''.u. ~~ __.'... :0 ~:i{ir :"'"' tTh~;i;ift$ih'~ "'C Q ~:~ 0 00 . ~ ~ .. ,;, J , .". Z:'jr"'S:; "it "fJ. _. 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